Filed: Sep. 01, 1998
Latest Update: Mar. 28, 2017
Summary: UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 98-6183 ROGER KOONCE, Petitioner - Appellant, versus CHARLES CREECY, Respondent - Appellee. Appeal from the United States District Court for the Eastern Dis- trict of North Carolina, at Raleigh. Malcolm J. Howard, District Judge. (CA-97-255-HC-H) Submitted: August 13, 1998 Decided: September 1, 1998 Before WIDENER and WILKINS, Circuit Judges, and HALL, Senior Circuit Judge. Dismissed by unpublished per curiam opinion. Roger Ko
Summary: UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 98-6183 ROGER KOONCE, Petitioner - Appellant, versus CHARLES CREECY, Respondent - Appellee. Appeal from the United States District Court for the Eastern Dis- trict of North Carolina, at Raleigh. Malcolm J. Howard, District Judge. (CA-97-255-HC-H) Submitted: August 13, 1998 Decided: September 1, 1998 Before WIDENER and WILKINS, Circuit Judges, and HALL, Senior Circuit Judge. Dismissed by unpublished per curiam opinion. Roger Koo..
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UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 98-6183
ROGER KOONCE,
Petitioner - Appellant,
versus
CHARLES CREECY,
Respondent - Appellee.
Appeal from the United States District Court for the Eastern Dis-
trict of North Carolina, at Raleigh. Malcolm J. Howard, District
Judge. (CA-97-255-HC-H)
Submitted: August 13, 1998 Decided: September 1, 1998
Before WIDENER and WILKINS, Circuit Judges, and HALL, Senior
Circuit Judge.
Dismissed by unpublished per curiam opinion.
Roger Koonce, Appellant Pro Se. Clarence Joe DelForge, III, OFFICE
OF THE ATTORNEY GENERAL OF NORTH CAROLINA, Raleigh, North Carolina,
for Appellee.
Unpublished opinions are not binding precedent in this circuit.
See Local Rule 36(c).
PER CURIAM:
Roger Koonce seeks to appeal the district court’s order
denying relief on his petition filed under 28 U.S.C.A. § 2254 (West
1994 & Supp. 1998). We have reviewed the record and the district
court’s opinion and find no reversible error. Accordingly, we deny
a certificate of appealability and dismiss the appeal. We also
decline to consider Koonce’s claims which he raises for the first
time on appeal.* See Spencer v. Murray,
5 F.3d 758, 762 (4th Cir.
1993) (finding that habeas claims must be raised in the district
court to be considered on appeal). We dispense with oral argument
because the facts and legal contentions are adequately presented in
the materials before the court and argument would not aid the
decisional process.
DISMISSED
*
Those claims are that: (1) the trial court erroneously
denied his motion to dismiss the charges in light of the fact that
the evidence was insufficient to convict him; (2) he was denied the
right to present evidence in his own defense; (3) he effectively
entered a guilty plea involuntarily; (4) the prosecutor engaged in
misconduct; (5) his sentence was too high; and (6) his attorney
engaged in numerous instances of ineffective assistance of counsel.
2