United States v. Corona ( 2003 )


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  •                               UNPUBLISHED
    UNITED STATES COURT OF APPEALS
    FOR THE FOURTH CIRCUIT
    No. 01-8018
    UNITED STATES OF AMERICA,
    Plaintiff - Appellee,
    versus
    ROBERTO GIL CORONA,
    Defendant - Appellant.
    Appeal from the United States District Court for the Eastern
    District of Virginia, at Alexandria. Albert V. Bryan, Jr., Senior
    District Judge. (CR-99-307, CA-01-1421)
    Submitted:   March 20, 2002                 Decided:   February 3, 2003
    Before WIDENER, NIEMEYER, and MOTZ, Circuit Judges.
    Dismissed by unpublished per curiam opinion.
    Roberto Gil Corona, Appellant Pro Se. Rebeca Hidalgo Bellows,
    Assistant United States Attorney, Alexandria, Virginia, for
    Appellee.
    Unpublished opinions are not binding precedent in this circuit.
    See Local Rule 36(c).
    PER CURIAM:
    Roberto Gil Corona seeks to appeal the district court’s order
    denying his motion filed under 
    28 U.S.C.A. § 2255
     (West Supp.
    2001). 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 based upon the district
    court’s reasoning that Apprendi v. New Jersey, 
    530 U.S. 466
     (2000),
    is not retroactively applicable on collateral review under United
    States v. Sanders, 
    247 F.3d 139
     (4th Cir.), cert. denied, 
    122 S. Ct. 573
     (2001).   See United States v. Corona, Nos. CR-99-307; CA-
    01-1421 (D. Md. Sept. 21, 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
    2
    

Document Info

Docket Number: 01-8018

Filed Date: 2/3/2003

Precedential Status: Non-Precedential

Modified Date: 10/30/2014