United States of America, Plaintiff-appellee, v. Michael Roy, Defendant-appellant, 850 F.2d 690 (4th Cir. 1988)

A review of the record and the district court's opinion discloses that this appeal from its order refusing relief under 28 U.S.C. § 2255 is without merit. Because the dispositive issues recently have been decided authoritatively, we dispense with oral argument and affirm the judgment below on the reasoning of the district court. United States v. Roy, C/A No. 87-251-N; CR No. 85-156-N (E.D. Va. July 14, 1987). We decline to address whether Roy's sentence under 18 U.S.C. § 2 violated the terms of his plea agreement or whether the sentencing court violated the provisions of the Victim and Witness Protection Act of 1982, 18 U.S.C. §§ 3579 et seq., as these issues were raised for the first time on appeal. Roy's motion for appointment of counsel is denied.

AFFIRMED.