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01-6274•Charles Everett Haselden v. New Jersey, 530 U.S. 466 2000 , in his § 2241 petition, his sen- tence was below the…
01-6274Court of Appeals for the Fourth CircuitApr 19, 2001
UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 01-6274
CHARLES EVERETT HASELDEN,
Petitioner - Appellant,
versus
UNITED STATES OF AMERICA,
Respondent - Appellee.
Appeal from the United States District Court for the Eastern Dis-
trict of North Carolina, at Raleigh. Malcolm J. Howard, District
Judge. (CA-00-897-5-H)
Submitted: April 12, 2001 Decided: April 19, 2001
Before NIEMEYER, WILLIAMS, and GREGORY, Circuit Judges.
Affirmed by unpublished per curiam opinion.
Charles Everett Haselden, Appellant Pro Se.
Unpublished opinions are not binding precedent in this circuit.
See Local Rule 36(c).
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* Even assuming Haselden could raise a claim under Apprendi v.
New Jersey, 530 U.S. 466 (2000), in his § 2241 petition, his sen-
tence was below the statutory maximum. See United States v.
Kinter, 235 F.3d 192, 199-200 (4th Cir. 2000), cert. denied,
U.S. , 2001 WL 185105 (U.S. March 19, 2001) (No. 00-8591);
United States v. Lewis, 235 F.3d 215, 219 (4th Cir. 2000) (applying
a plain error standard of review). Thus, any such claim would lack
merit.
2
PER CURIAM:
Charles Everett Haselden appeals the district court’s order
denying relief on his 28 U.S.C. § 2241 (1994) petition. We have
reviewed the record and the district court’s opinion and find no
reversible error. Accordingly, we affirm substantially on the rea-
soning of the district court. See Haselden v. United States, No.
CA-00-897-5-H (E.D.N.C. filed Jan. 17, 2001; entered Jan. 18,
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.
AFFIRMED
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