Rentrak Corporation, an Oregon Corporation, Plaintiff-appellee, v. Duane M. Marchand, Dba Thumbs Up Video, Defendant-appellant, 122 F.3d 1073 (9th Cir. 1997)

MEMORANDUM^* 

Duane M. Marchand appeals pro se the district court's entry of default judgment for Rentrak corporation ("Rentrak") as a sanction pursuant to Fed. R. Civ. P. 37(b) (2) (C) against Marchand in Rentrak's diversity action for breach of contract, conversion, and fraud arising from over one hundred missing prerecorded videocassettes leased to Marchand. We have jurisdiction pursuant to 28 U.S.C. § 1291, and we affirm.

Marchand's sole contention on appeal is that we should set aside the district court's default judgment because he and Rentrak executed a settlement agreement about five months after Rentrak filed suit. Marchand, however, did not present this issue to the district court. We will not consider issues raised for the first time on appeal absent exceptional circumstances. See Copeland v. Bowen, 861 F.2d 536, 540 (9th Cir. 1988); see also Ferris v. Santa Clara County, 891 F.2d 715, 719 (9th Cir. 1989). No exceptional circumstances warrant that we address Marchand's contention. See Copeland, 861 F.2d at 540. Moreover, Marchand has abandoned his right to present additional contentions in support of his appeal. See Leer v. Murphy, 844 F.2d 628, 634 (9th Cir. 1988).

AFFIRMED.¹