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01-6467•United States of America v. Sanders, 247 F.3d 139, 146 4th Cir. 2001 , that the new rule announced in Apprendi…
01-6467Court of Appeals for the Fourth CircuitSep 20, 2001
UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 01-6467
UNITED STATES OF AMERICA,
Plaintiff - Appellee,
versus
POMP BLACKMON,
Defendant - Appellant.
Appeal from the United States District Court for the District of
South Carolina, at Rock Hill. Dennis W. Shedd, District Judge.
(CR-98-1126, CA-00-2451-0-19)
Submitted: August 24, 2001 Decided: September 20, 2001
Before WIDENER, WILLIAMS, and TRAXLER, Circuit Judges.
Dismissed by unpublished per curiam opinion.
Pomp Blackmon, Appellant Pro Se. Marshall Prince, OFFICE OF THE
UNITED STATES ATTORNEY, Columbia, South Carolina, for Appellee.
Unpublished opinions are not binding precedent in this circuit.
See Local Rule 36(c).
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* We recently noted in United States v. Sanders, 247 F.3d 139,
146 (4th Cir. 2001), that the new rule announced in Apprendi v. New
Jersey, 530 U.S. 466, 490 (2000), is not retroactively applicable
to cases on collateral review. Accordingly, Blackmon’s Apprendi
claim is not cognizable.
2
PER CURIAM:
Pomp Blackmon seeks to appeal the district court’s order de-
nying 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 substantially on the reasoning
of the district court. * United States v. Blackmon, Nos. CR-98-
1126; CA-00-2451-0-19 (D.S.C. Feb. 15, 2001). Further, we deny
Blackmon’s motions to vacate his convictions and dismiss the
indictment and to amend his informal brief. 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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