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UNITED STATES of America, Plaintiff-Appellee, v. Guy Carmichael CRENSHAW, Defendant-Appellant

United States Court of Appeals for the Fourth Circuit2001-09-13No. No. 00-6620
18 F. App'x 173

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Opinion

majority opinion

PER CURIAM.

Guy Crenshaw seeks to appeal the district court’s order denying his motion filed under 28 U.S.C.A. § 2255 (West Supp. 2001). 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 on the reasoning of the district court. United States v. Crenshaw, Nos. CR-96-47; CA-99-424-7 (W.D.Va. Apr. 7, 2000). Crenshaw has also raised a claim for the first time on appeal challenging his conviction and sentence in light of Appren-di 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), that the new rule announced in Apprendi is not retroactively applicable to cases on collateral review. Accordingly, Crenshaw’s Apprendi claim is not cognizable. 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.