United States v. Corona

55 F. App'x 188
Court of Appeals for the Fourth Circuit·Decided February 3, 2003·No. No. 01-8018·Published

Opinion

PER CURIAM.

Roberto Gil Corona seeks to appeal the district court’s order denying his motion filed under 28 U.S.C.A. § 2255 (West Supp.2001). We have reviewed the record and the district court’s opinion and find no reversible error. Accordingly, we deny a certificate of appealability and dismiss the appeal based upon the district court’s reasoning that Apprendi v. New Jersey, 530 U.S. 466, 120 S.Ct. 2348, 147 L.Ed.2d 435 (2000), is not retroactively applicable on collateral review under United States v. Sanders, 247 F.3d 139 (4th Cir.), cert. denied, 534 U.S. 1032, 122 S.Ct. 573, 151 L.Ed.2d 445 (2001). See United States v. Corona, Nos. CR-99-307; CA-01-1421 (D.Md. Sept. 21, 2001). 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.

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United States v. Corona, 55 F. App'x 188 (4th Cir. 2003).

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Related

Apprendi v. New Jersey
530 U.S. 466 (Supreme Court, 2000)
Quoc Thai Minh Thuy v. United States
534 U.S. 1032 (Supreme Court, 2001)