United States of America, Plaintiff-appellee, v. Franklin Andres Uceta, Defendant-appellant, 943 F.2d 58 (10th Cir. 1991)

After examining the briefs and appellate record, this panel has determined unanimously that oral argument would not materially assist the determination of this appeal. See Fed. R. App. P. 34(a); 10th Cir.R. 34.1.9. The cause is therefore ordered submitted without oral argument.

This is an appeal from an order denying a motion for release under 28 U.S.C. § 2255. Franklin Andres Uceta urges his conviction should be set aside because he was denied effective representation by counsel at his trial. In the district court he based his contention on four premises not argued in this court. On appeal, he contends his counsel was ineffective because he failed to subpoena a "critical witness."¹  We will not consider an issue not presented to the trial court and raised for the first time on appeal. Gillihan v. Shillinger, 872 F.2d 935, 938 (10th Cir. 1989). Because Mr. Uceta makes no other argument, we have independently examined the issues he raised in his § 2255 petition. After consideration of those issues, and the government's answer brief, we conclude the district court did not err in dismissing the petition. The judgment of the district court is AFFIRMED.