United States v. Kelley

15 F. App'x 58

• Court: Court of Appeals for the Fourth Circuit
• Decided: June 29, 2001
• Docket: 01-6348
• Status: Unpublished

Opinion

PER CURIAM.

Emmette Jerome Kelley 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, deny leave to proceed in forma pauperis, and dismiss the appeal substantially on the reasoning of the district court. * See United States v. Kelley, Nos. CR-99-20; CA-00-137-4 (E.D.Va. Jan. 2, 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, Appellant's Apprendi claim is not cognizable.