United States of America v. New Jersey, 120 S. Ct. 2348 2000 . Even if this claim were properly before the…

UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 00-7191
UNITED STATES OF AMERICA,
Plaintiff - Appellee,
versus
OMAR A. MUDIE,
Defendant - Appellant.
Appeal from the United States District Court for the Eastern Dis-
trict of Virginia, at Newport News. Raymond A. Jackson, District
Judge. (CR-94-77, CA-99-131)
Submitted: January 18, 2001 Decided: January 24, 2001
Before WIDENER and MICHAEL, Circuit Judges, and HAMILTON, Senior
Circuit Judge.
Dismissed by unpublished per curiam opinion.
Omar A. Mudie, Appellant Pro Se. Robert Edward Bradenham, II,
Assistant United States Attorney, Norfolk, Virginia, for Appellee.
Unpublished opinions are not binding precedent in this circuit.
See Local Rule 36(c).

-- 1 of 2 --

* Mudie alleges for the first time on appeal that his sentence
was illegal under Apprendi v. New Jersey, 120 S. Ct. 2348 (2000).
Even if this claim were properly before the court, Mudie was not
sentenced above the statutory maximum for the offense of convic-
tion. As a result, the sentence does not implicate the concerns
raised in Apprendi. United States v. Angle, 230 F.3d 113 (4th Cir.
2000), petition for rehearing filed, Oct. 26, 2000 (No. 96-4662).
2
PER CURIAM:
Omar A. Mudie seeks to appeal the district court’s order deny-
ing his motion filed under 28 U.S.C.A. § 2255 (West Supp. 2000).
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 dis-
trict court. United States v. Mudie, Nos. CR-94-77; CA-99-131
(E.D. Va. June 30, 2000). We dispense with oral argument because
the facts and legal contentions are adequately presented in the ma-
terials before the court and argument would not aid the decisional
process.
DISMISSED

-- 2 of 2 --