Charlie Ward, Sr v. Stephen Dewalt

UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 01-6390
CHARLIE WARD, SR.,
Petitioner - Appellant,
versus
STEPHEN DEWALT,
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-00-856)
Submitted: June 21, 2001 Decided: June 29, 2001
Before WIDENER and GREGORY, Circuit Judges, and HAMILTON, Senior
Circuit Judge.
Affirmed by unpublished per curiam opinion.
Charlie Ward, Sr., Appellant Pro Se.
Unpublished opinions are not binding precedent in this circuit.
See Local Rule 36(c).

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PER CURIAM:
Charlie Ward, Sr., 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. We note that, even if the district court had jurisdiction
to review Ward’s Apprendi v. New Jersey, 530 U.S. 466 (2000),
claim, the sentence would not be in error because his 188-month
sentence did not exceed the applicable statutory maximum. See 21
U.S.C.A. § 841(b)(1)(C) (West 1999); United States v. Kinter, 235
F.3d 192, 199 (4th Cir. 2000). Accordingly, we affirm on the
reasoning of the district court. Ward v. Dewalt, No. CA-00-856
(E.D.N.C. filed Jan. 22, 2001; entered Jan. 23, 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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