United States v. Porter

22 F. App'x 269

Opinion

PER CURIAM.

Khalid Latif Porter seeks to appeal the district court’s orders denying his motion filed under 28 U.S.C.A. § 2255 (West Supp.2001) and denying reconsideration of that order. 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 substantially on the reasoning of the district court. * United States v. Porter, Nos. CR-98-222-A; CA-01-601-AM (E.D. Va. Feb. 22, 2001; Apr. 10, 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 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, Porter's Ap-prendi claim is not cognizable.