United States of America v. Timothy Morrell Willis, a/k/a Pee Wee

UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 01-7748
UNITED STATES OF AMERICA,
Plaintiff - Appellee,
versus
TIMOTHY MORRELL WILLIS, a/k/a Pee Wee,
Defendant - Appellant.
Appeal from the United States District Court for the Eastern
District of North Carolina, at Raleigh. Terrence W. Boyle, Chief
District Judge. (CR-99-158, CA-01-437-BO)
Submitted: February 27, 2002 Decided: March 12, 2002
Before WIDENER and WILKINS, Circuit Judges, and HAMILTON, Senior
Circuit Judge.
Dismissed by unpublished per curiam opinion.
Timothy Morrell Willis, Appellant Pro Se. Rudolf A. Renfer, Jr.,
Assistant United States Attorney, Raleigh, North Carolina, for
Appellee.
Unpublished opinions are not binding precedent in this circuit.
See Local Rule 36(c).

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PER CURIAM:
Timothy M. Willis seeks to appeal the district court’s order
dismissing his motion to vacate sentence, 28 U.S.C.A. § 2255 (West
Supp. 2001). Each of Willis’s four claims is based on the Supreme
Court’s decision in Apprendi v. New Jersey, 530 U.S. 466 (2000).
We have held that “Apprendi does not apply retroactively to cases
on collateral review.” United States v. Sanders, 247 F.3d 139, 146
(4th Cir.), cert. denied, U.S. , 70 U.S.L.W. 3339 (U.S. Nov.
13, 2001) (No. 01-6715). Willis’s § 2255 motion to vacate is just
such a collateral attack; therefore, the district court correctly
dismissed the claims.
We deny Willis’s motion for transcript at government expense
as he has not established that his appeal is not frivolous but pre-
sents a substantial question. We deny his motion for certificate
of appealability and dismiss the appeal. 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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