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UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 01-6392 UNITED STATES OF AMERICA, Plaintiff - Appellee, versus TIMOTHY LARNELL BASEMORE, Defendant -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 Dismissed by unpublished per curiam opinion.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 Unpublished opinions are not binding precedent in this circuit.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Precedential Status: Non-Precedential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