Notice: Eighth Circuit Rule 28a(k) Governs Citation of Unpublished Opinions and Provides That No Party May Cite an Opinion Not Intended for Publication Unless the Cases Are Related by Identity Between the Parties or the Causes of Action.richard W. Miller, Appellant, v. United States of America, Appellee, 74 F.3d 1243 (8th Cir. 1996)

Richard W. Miller appeals the district court's¹  denial of his 28 U.S.C. § 2255 motion. We decline to address the arguments Miller raises for the first time on appeal. See United States v. Dixon, 51 F.3d 1376, 1383 (8th Cir. 1995). We conclude that the district court did not abuse its discretion in deciding that an evidentiary hearing was not warranted. See Engelen v. United States, 68 F.3d 238, 240 (8th Cir. 1995). As to Miller's claims presented to the district court, we conclude that no error of law appears in the district court's order. Accordingly, we affirm. See 8th Cir. R. 47B.