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UNITED STATES of America, Plaintiff-Appellee, v. Virginia DOUGLAS, Defendant-Appellant

United States Court of Appeals for the Fourth Circuit2001-08-02No. No. 01-6893
15 F. App'x 134

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Opinion

majority opinion

PER CURIAM.

Virginia Douglas seeks to appeal the district court’s order denying her 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. Douglas, Nos. CR-98-315-CCB; CA-01-747-CCB (D.Md. Mar. 27, 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.

Douglas claims based upon the rule announced in Apprendi v. New Jersey, 530 U.S. 466, 120 S.Ct. 2348, 147 L.Ed.2d 435 (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.