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

01-6161Court of Appeals for the Fourth Circuit19 de jul. de 2001

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UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 01-6161
UNITED STATES OF AMERICA,
Plaintiff - Appellee,
versus
FRED BULL, JR.,
Defendant - Appellant.
Appeal from the United States District Court for the Eastern Dis-
trict of Virginia, at Richmond. James R. Spencer, District Judge.
(CR-95-73, CA-00-111)
Submitted: June 29, 2001 Decided: July 19, 2001
Before WIDENER, LUTTIG, and MOTZ, Circuit Judges.
Dismissed by unpublished per curiam opinion.
Fred Bull, Jr., Appellant Pro Se. Nicholas Stephan Altimari, OFFICE
OF THE UNITED STATES ATTORNEY, Richmond, Virginia, for Appellee.
Unpublished opinions are not binding precedent in this circuit.
See Local Rule 36(c).

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* Bull’s claims based upon the rule announced in Apprendi v.
New Jersey, 530 U.S. 466 (2000), are 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:
Fred Bull, Jr., seeks to appeal the district court’s order de-
nying his motions filed under 28 U.S.C.A. § 2255 (West Supp. 2000),
and Fed. R. Civ. P. 59(e). We have reviewed the record and the dis-
trict court’s opinions 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. Bull, Nos. CR-95-73; CA-00-111 (E.D. Va. Nov. 14, 2000;
filed Dec. 20, 2000 and entered Dec. 21, 2000). We dispense with
oral argument because the facts and legal contentions are adequate-
ly presented in the materials before the court and argument would
not aid the decisional process.
DISMISSED

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