Charles Avery, Petitioner-appellant, v. Frankie Rickenbaker, State of South Carolina, Attorneygeneral of South Carolina, Respondents-appellees, 940 F.2d 651 (4th Cir. 1991)

Charles Avery seeks to appeal the district court's order refusing habeas corpus relief pursuant to 28 U.S.C. § 2254. Our review of the record and the district court's opinion discloses that this appeal is without merit. We note that the district court did not address the fourth ground for relief asserted in Avery's petition, in which Avery asserts that the trial judge abused his discretion in sentencing. This claim has never been presented to the South Carolina courts. However, because the interests of comity and federalism will be better served, we address it here. See Granberry v. Greer, 481 U.S. 129, 134, 135 n. 7 (1987). The record indicates that the fifteen-year sentence imposed was well within the statutory limits.^*  Moreover, Avery does not present any facts or arguments supporting his claim, and the transcript of the sentencing hearing reveals no such abuse.

Accordingly, we deny a certificate of probable cause to appeal and dismiss the appeal. 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.