United States v. Myers

8 F. App'x 251

Opinion

UNPUBLISHED

UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT

No. 01-6275

UNITED STATES OF AMERICA,

Plaintiff - Appellee,

versus

JEFFREY LYNN MYERS,

Defendant - Appellant.

Appeal from the United States District Court for the Western Dis- trict of North Carolina, at Statesville. Richard L. Voorhees, Dis- trict Judge. (CR-90-10-ST-V, CA-97-2-5-V)

Submitted: April 27, 2001 Decided: May 7, 2001

Before LUTTIG and MOTZ, Circuit Judges, and HAMILTON, Senior Cir- cuit Judge.

Dismissed by unpublished per curiam opinion.

Jeffrey Lynn Myers, Appellant Pro Se. Harry Thomas Church, As- sistant United States Attorney, Charlotte, North Carolina, for Appellee.

Unpublished opinions are not binding precedent in this circuit. See Local Rule 36(c). PER CURIAM:

Jeffrey Myers appeals the district court’s order dismissing

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 appeal-

ability and dismiss the appeal on the reasoning of the district

court.* See United States v. Myers, Nos. CR-90-10-ST-V; CA-97-2-5-

V (W.D.N.C. filed Nov. 29, 2000; entered Dec. 5, 2000). We dis-

pense 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

* Myers alleges on appeal for the first time that he was sen- tenced in violation of Apprendi v. New Jersey, 530 U.S. 466 (2000). We recently held in United States v. Sanders, F.3d , 2001 WL 369719 (4th Cir. Apr. 13, 2001) (No. 00-6281), that the new rule announced in Apprendi is not retroactively applicable to cases on collateral review. Accordingly, Myers’ Apprendi claim is not cognizable.