United States v. Staton ( 2001 )

UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 01-6692
UNITED STATES OF AMERICA,
Plaintiff - Appellee,
versus
CHORYA A. STATON,
Defendant - Appellant.
Appeal from the United States District Court for the Eastern Dis-
trict of Virginia, at Norfolk. Robert G. Doumar, Senior District
Judge. (CR-93-49, CA-99-832-2)
Submitted: December 20, 2001 Decided: December 27, 2001
Before LUTTIG, TRAXLER, and GREGORY, Circuit Judges.
Dismissed by unpublished per curiam opinion.
Chorya A. Staton, Appellant Pro Se. Arenda L. Wright Allen, Assis-
tant United States Attorney, Norfolk, Virginia, for Appellee.
Unpublished opinions are not binding precedent in this circuit.
See Local Rule 36(c).
PER CURIAM:
Chorya A. Staton seeks to appeal the district court’s order
denying his motion filed under Fed. R. Civ. P. 59(e), which the
court properly construed as a Fed. R. Civ. P. 60(b) motion. In his
motion, Staton sought reconsideration of the court’s denial of his
28 U.S.C.A. § 2255 (West Supp. 2001) motion. 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. Staton, Nos. CR-93-49; CA-99-832-2 (E.D. Va. Mar. 2,
2001); see United States v. Sanders, 247 F.3d 139, 151 (4th Cir.
2001) (holding that rule announced in Apprendi v. New Jersey, 530
U.S. 466 (2000), is not retroactively applicable to cases on col-
lateral review), cert. denied, U.S. , 2001 WL 1244813 (U.S.
Nov. 13, 2001) (No. 01-6715). 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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