United States of America v. New Jersey, 530 U.S. 466 2000 , is without merit. We recently held in United States…

UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 01-6573
UNITED STATES OF AMERICA,
Plaintiff - Appellee,
versus
GAIL JEAN SMALL,
Defendant - Appellant.
Appeal from the United States District Court for the Western
District of North Carolina, at Charlotte. Graham C. Mullen, Chief
District Judge. (CR-96-154, CA-00-460-3-1-MU)
Submitted: June 21, 2001 Decided: July 5, 2001
Before WIDENER and GREGORY, Circuit Judges, and HAMILTON, Senior
Circuit Judge.
Dismissed by unpublished per curiam opinion.
Gail Jean Small, Appellant Pro Se. Harry Thomas Church, Assistant
United States Attorney, Charlotte, North Carolina, for Appellee.
Unpublished opinions are not binding precedent in this circuit.
See Local Rule 36(c).

-- 1 of 2 --

* Small’s claim that her sentence is not proper in light of
the rule announced in Apprendi v. New Jersey, 530 U.S. 466 (2000),
is without merit. We recently held in United States v. Sanders,
247 F.3d 139 (4th Cir. 2001), that the new rule announced in
Apprendi is not retroactively applicable to cases on collateral
review.
2
PER CURIAM:
Gail Jean Smith seeks to appeal the district court’s order and
judgment denying her motion filed under 28 U.S.C.A. § 2255 (West
Supp. 2000). We have reviewed the record and the district court’s
order and find no reversible error. Accordingly, we deny a certif-
icate of appealability and dismiss the appeal substantially on the
reasoning of the district court. * See United States v. Small, Nos.
CR-96-154; CA-00-460-3-1-MU (W.D.N.C. filed Jan. 4, 2001; entered
Jan. 5, 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

-- 2 of 2 --