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UNITED STATES of America, Plaintiff-Appellee, v. Terry Lee ROBINSON, Defendant-Appellant

United States Court of Appeals for the Fourth Circuit2001-05-16No. No. 00-7263
9 F. App'x 166

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Opinion

majority opinion

PER CURIAM.

Terry Lee Robinson seeks to appeal the district court’s order denying his motion filed under 28 U.S.C.A. § 2255 (West Supp.2000). We have reviewed the record and the district court’s opinion 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. Robinson, Nos. CR-90-215-A, CA-97-122-1 (W-D.N.C. filed July 5, 2000); entered July 7, 2000. 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.

Robinson alleges for the first time in his informal brief filed in this court that his sentence is illegal under Apprendi v. New Jersey, 530 U.S. 466, 120 S.Ct. 2348, 147 L.Ed.2d 435 (2000). We recently held in United States v. Sanders, 247 F.3d 139 (4th Cir.2001) (No. 00-6281), that the new rule announced in Apprendi is not retroactively applicable to cases on collateral review. Accordingly, Robinsons Apprendi claim is not cognizable.