|UNITED STATES OF AMERICA,||No. 02-3347
(D.C. No. 01-CV-3214-JTM
The district court denied Chavez-Ceja's motion and denied his request for a Certificate of Appealability, finding that Chavez-Ceja had failed to make a substantial showing of the denial of a constitutional right. We AFFIRM the denial of a COA for substantially the reasons stated by the district court.
ENTERED FOR THE COURT
David M. Ebel
*.After examining appellant's brief and the 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)(2) and 10th Cir. R. 34.1(G). The case is therefore ordered submitted without oral argument. This order and judgment is not binding precedent, except under the doctrines of law of the case, res judicata, and collateral estoppel. The court generally disfavors the citation of orders and judgments; nevertheless, an order and judgment may be cited under the terms and conditions of 10th Cir. R. 36.3.
1.Chavez-Ceja also argues that the district court improperly calculated his criminal history when sentencing him. (Aplt. Br. at 13-14.) Because he raises this argument for the first time on appeal, we consider it waived. See Walker v. Mather (In re Walker), 959 F.2d 894, 896 (10th Cir. 1992).