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Cedric J. WEBB, Petitioner-Appellant, v. D.A. BRAXTON, Warden, Respondent-Appellee

United States Court of Appeals for the Fourth Circuit2001-07-20No. No. 01-6739
14 F. App'x 231

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Opinion

majority opinion

PER CURIAM.

Cedric J. Webb seeks to appeal the district court’s order denying relief on his petition filed under 28 U.S.C.A. § 2254 (West 1994 & Supp.2000). We have reviewed the record and the district court’s opinion and find no reversible error. We decline to consider Webb’s claim, presented for the first time on appeal, that the evidence was insufficient to sustain his conviction of possession with intent to distribute controlled substances. See Muth v. United, States, 1 F.3d 246, 250 (4th Cir.1993). Accordingly, we deny a certificate of appealability and dismiss the appeal on the reasoning of the district court. See Webb v. Braxton, No. CA-00-816-7 (W.D.Va. Feb. 6, 2001). 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.