United States v. Basemore , 10 F. App'x 134 ( 2001 )


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  •                               UNPUBLISHED
    UNITED STATES COURT OF APPEALS
    FOR THE FOURTH CIRCUIT
    No. 01-6392
    UNITED STATES OF AMERICA,
    Plaintiff - Appellee,
    versus
    TIMOTHY LARNELL BASEMORE,
    Defendant - Appellant.
    Appeal from the United States District Court for the Eastern Dis-
    trict of North Carolina, at Greenville. James C. Fox, Senior Dis-
    trict Judge. (CR-97-5-FO, CA-01-17-4-F)
    Submitted:   April 27, 2001                 Decided:   May 21, 2001
    Before WILLIAMS, MICHAEL, and GREGORY, Circuit Judges.
    Dismissed by unpublished per curiam opinion.
    Timothy Larnell Basemore, Appellant Pro Se.     Cynthia Elaine
    Tompkins, OFFICE OF THE UNITED STATES ATTORNEY, Raleigh, North
    Carolina, for Appellee.
    Unpublished opinions are not binding precedent in this circuit.
    See Local Rule 36(c).
    PER CURIAM:
    Timothy Larnell Basemore seeks to appeal the district court’s
    order denying his motion filed under 
    28 U.S.C.A. § 2255
     (West Supp.
    2000).   We have reviewed the record and the district court’s opin-
    ion and find no reversible error.    Accordingly, we deny a certif-
    icate of appealability and dismiss the appeal substantially on the
    reasoning of the district court.*    See United States v. Basemore,
    Nos. CR-97-5-FO; CA-01-17-4-F (E.D.N.C. Feb. 14, 2001).    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
    *
    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 v. New Jersey, 
    530 U.S. 466
     (2000), is
    not retroactively applicable to cases on collateral review.
    Accordingly, Appellant’s Apprendi claim is not cognizable.
    2
    

Document Info

Docket Number: 01-6392

Citation Numbers: 10 F. App'x 134

Judges: Gregory, Michael, Per Curiam, Williams

Filed Date: 5/21/2001

Precedential Status: Non-Precedential

Modified Date: 8/6/2023