A court of appeals is not required to review new legal claims that were not previously raised to the District Court. In 2005, a jury convicted the defendant, Kevin Carter, on robbery and firearm charges. Carter was classified as a career offender and as an armed career criminal, based on his prior criminal convictions. As a result, his U.S. Sentencing Guidelines range was 360 months to life. The District Court sentenced Carter to 360 months. He appealed his conviction, and the 2nd Circuit affirmed on direct appeal. In 2007, Carter filed a motion, pursuant to 28 United States Code §2255, to protest his criminal conviction and sentence. The District Court found that Carter received ineffective assistance, because trial counsel failed to object to Carter's designation as a career offender and armed career criminal. The District Court reduced Carter's sentence from 360 months to 189 months in prison. Carter appealed to the 2nd Circuit and raised new claims that he did not previously present to the District Court. The 2nd Circuit did not consider Carter's new claims. "None of the claims Carter now makes," wrote the 2nd Circuit, "were presented to the district court at any stage of the proceedings below." The 2nd Circuit affirmed the judgment of the District Court, Burns, J.

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