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UNITED STATES of America, Plaintiff-Appellee, v. Billy James SIMS, Defendant-Appellant

United States Court of Appeals for the Fourth Circuit2001-03-06No. No. 00-7248
5 F. App'x 217

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Opinion

majority opinion

PER CURIAM.

Billy James Sims 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. In addition, as to Sims’ claim under Apprendi v. New Jersey, 530 U.S. 466, 120 S.Ct. 2348, 147 L.Ed.2d 435 (2000), assuming without deciding that it may be raised for the first time on appeal from the denial of a § 2255 motion, we find that the sentence imposed does not violate Sims’ substantial rights. See U.S. Sentencing Guidelines Manual § 5G1.2(d) (1998). Accordingly, we deny a certificate of appealability and dismiss the appeal on the reasoning of the district court. United States v. Sims, Nos. CR-95-1067; CA-00-958-19 (D.S.C. Aug. 15, 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.