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03-7957•United States of America v. New Jersey, 530 U.S. 466 2000 , is not cognizable on collateral review. United…
03-7957Court of Appeals for the Fourth CircuitApr 1, 2004
UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 03-7957
UNITED STATES OF AMERICA,
Plaintiff - Appellee,
versus
VICTOR UNDERWOOD,
Defendant - Appellant.
Appeal from the United States District Court for the District of
Maryland, at Baltimore. William M. Nickerson, Senior District
Judge. (CR-96-458-WMN; CA-03-101-WMN)
Submitted: March 25, 2004 Decided: April 1, 2004
Before TRAXLER, KING, and DUNCAN, Circuit Judges.
Affirmed by unpublished per curiam opinion.
Victor Underwood, Appellant Pro Se. Jamie M. Bennett, Assistant
United States Attorney, Baltimore, Maryland, for Appellee.
Unpublished opinions are not binding precedent in this circuit.
See Local Rule 36(c).
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*We note that Underwood’s claim pursuant to Apprendi v. New
Jersey, 530 U.S. 466 (2000), is not cognizable on collateral
review. United States v. Sanders, 247 F.3d 139 (4th Cir. 2001).
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PER CURIAM:
Victor Underwood appeals the district court’s order
denying relief on his motion filed under 28 U.S.C. § 2255 (2000).
We have reviewed the record and find no reversible error.*
Accordingly, we affirm on the reasoning of the district court. See
United States v. Underwood, Nos. CR-96-458-WMN; CA-03-101-WMN (D.
Md. Dec. 4, 2003). 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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