United States of America v. New Jersey, 530 U.S. 466 2000 , we have determined that Apprendi claims may not be…

UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 01-7439
UNITED STATES OF AMERICA,
Plaintiff - Appellee,
versus
JOB HYPOLITE,
Defendant - Appellant.
Appeal from the United States District Court for the District of
South Carolina, at Florence. Cameron McGowan Currie, District
Judge. (CR-98-159, CA-00-3495-4-22)
Submitted: January 17, 2002 Decided: January 28, 2002
Before WILKINS and KING, Circuit Judges, and HAMILTON, Senior
Circuit Judge.
Dismissed by unpublished per curiam opinion.
Job Hypolite, Appellant Pro Se. Alfred William Walker Bethea,
Assistant United States Attorney, Florence, South Carolina, for
Appellee.
Unpublished opinions are not binding precedent in this circuit.
See Local Rule 36(c).

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* While we have not determined precisely when the limitations
period begins and ends for claims based on Apprendi v. New Jersey,
530 U.S. 466 (2000), we have determined that Apprendi claims may
not be raised initially on collateral review. See United States v.
Sanders, 247 F.3d 139, 144, 151 (4th Cir. 2001).
2
PER CURIAM:
Job Hypolite seeks to appeal the district court’s order deny-
ing his motion filed under 28 U.S.C.A. § 2255 (West Supp. 2001).
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. Hypolite, Nos. CR-98-159;
CA-00-3495-4-22 (D.S.C. Aug. 15, 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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