United States of America v. Sanders, F.3d , 2000 WL 369719 4th Cir. Apr. 13, 2001 No. 00-6281 , that the new…

UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 01-6375
UNITED STATES OF AMERICA,
Plaintiff - Appellee,
versus
DONALD CLINTON BURTON,
Defendant - Appellant.
Appeal from the United States District Court for the Western Dis-
trict of Virginia, at Roanoke. James C. Turk, District Judge.
(CA-01-37-7)
Submitted: April 27, 2001 Decided: May 7, 2001
Before LUTTIG and MOTZ, Circuit Judges, and HAMILTON, Senior Cir-
cuit Judge.
Dismissed by unpublished per curiam opinion.
Donald Clinton Burton, Appellant Pro Se.
Unpublished opinions are not binding precedent in this circuit.
See Local Rule 36(c).

-- 1 of 2 --

* We recently held in United States v. Sanders, F.3d ,
2000 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
PER CURIAM:
Donald Clinton Burton 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 Burton’s
motion to proceed in forma pauperis, deny a certificate of appeal-
ability, and dismiss the appeal substantially on the reasoning of
the district court. * See United States v. Burton, No. CA-01-37-7
(W.D. Va. Feb. 8, 2001). 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 --