United States of America v. Sanders, 247 F.3d 139 4th Cir. 2001 , that the new rule announced in Apprendi v. New…

UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 01-6228
UNITED STATES OF AMERICA,
Plaintiff - Appellee,
versus
LANCELOT WADDINGTON GIBBS,
Defendant - Appellant.
Appeal from the United States District Court for the Western
District of North Carolina, at Charlotte. Graham C. Mullen, Chief
District Judge. (CR-91-86, CA-98-124-3-MU)
Submitted: June 15, 2001 Decided: September 10, 2001
Before WILKINS, NIEMEYER, and MOTZ, Circuit Judges.
Dismissed by unpublished per curiam opinion.
Lancelot Waddington Gibbs, Appellant Pro Se. Karen Elise Eady,
OFFICE OF THE UNITED STATES ATTORNEY, Charlotte, North Carolina,
for Appellee.
Unpublished opinions are not binding precedent in this circuit.
See Local Rule 36(c).

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* 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, Gibbs’ Apprendi claim is
not cognizable.
2
PER CURIAM:
Lancelot Waddington Gibbs 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 on the reasoning of
the district court. * United States v. Gibbs, Nos. CR-91-86; CA-98-
124-3-MU (W.D.N.C. Jan. 5, 2001). 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

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