United States v. Gibbs

18 F. App'x 161

• Court: Court of Appeals for the Fourth Circuit
• Decided: September 10, 2001
• Docket: 01-6228
• Status: Unpublished

Opinion

PER CURIAM.

Lancelot Waddington Gibbs seeks to appeal the district court’s order denying his motion filed under 28 U.S.C.A. § 2255 (West Supp.2000). 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 on the reasoning of the district court. * United States v. Gibbs, Nos. CR-91-86; CA-98-124-3-MU (W.D.N.C. Jan. 5, 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.

* We recently held in United States v. Sanders, 247 F.3d 139 (4th Cir.2001), that the new rule announced in Apprendi v. New Jersey, 530 U.S. 466, 120 S.Ct. 2348, 147 L.Ed.2d 435 (2000), is not retroactively applicable to cases on collateral review. Accordingly, Gibbs’ Ap-prendi claim is not cognizable.