United States v. Sarmiento ( 2002 )

UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 01-7471
UNITED STATES OF AMERICA,
Plaintiff - Appellee,
versus
JESUS ALBERTO SARMIENTO,
Defendant - Appellant.
Appeal from the United States District Court for the District of
Maryland, at Baltimore. Alexander Williams, Jr., District Judge.
(CR-95-389-AW, CA-01-1860-AW)
Submitted: December 10, 2001 Decided: January 11, 2002
Before NIEMEYER, MICHAEL, and TRAXLER, Circuit Judges.
Dismissed by unpublished per curiam opinion.
Jesus Alberto Sarmiento, Appellant Pro Se. Barbara Suzanne Skalla,
Assistant United States Attorney, Greenbelt, Maryland, for
Appellee.
Unpublished opinions are not binding precedent in this circuit.
See Local Rule 36(c).
PER CURIAM:
Jesus Alberto Sarmiento appeals the district court’s order de-
nying 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 on the reasoning of the
district court. See United States v. Sarmiento, Nos. CR-95-389-AW;
CA-01-1860-AW (D. Md. July 12, 2001); see also United States v.
McAllister, F.3d , 2001 WL 1387341 (4th Cir. 2001) (reject-
ing challenge to constitutionality of 21 U.S.C.A. § 841 (West 1999
& Supp. 2001) in light of Apprendi v. New Jersey, 530 U.S. 466(2000)). 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