United States v. Coats , 40 F. App'x 759 ( 2002 )

UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 02-6585
UNITED STATES OF AMERICA,
Plaintiff - Appellee,
versus
TIMOTHY WAYNE COATS,
Defendant - Appellant.
Appeal from the United States District Court for the Eastern
District of North Carolina, at Raleigh. James C. Fox, Senior
District Judge. (CR-00-60-FO, CA-02-67-5-F)
Submitted: June 25, 2002 Decided: July 8, 2002
Before WIDENER and KING, Circuit Judges, and HAMILTON, Senior
Circuit Judge.
Dismissed by unpublished per curiam opinion.
Timothy Wayne Coats, Appellant Pro Se. Peter W. Kellen, 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Unpublished opinions are not binding precedent in this circuit.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 Wayne Coats 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 substantially on the
reasoning of the district court.* United States v. Coats, Nos. CR-
00-60-FO; CA-02-67-5-F (E.D.N.C. Mar. 21, 2002). 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
*
We recently held in United States v. Sanders, 247 F.3d 139(4th Cir. 2001), 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.
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