Harrison v. US, (4th Cir. 2002)

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UNPUBLISHED

UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT

No. 01-7729 DARROL J. HARRISON, Plaintiff - Appellant, versus

UNITED STATES OF AMERICA, Defendant - Appellee. Appeal from the United States District Court for the District of

South Carolina, at Charleston. David C. Norton, District Judge.

(CR-92-446, CA-00-3877-2-18)

Submitted: January 31, 2002 Decided: February 8, 2002

Before NIEMEYER, WILLIAMS, and MICHAEL, Circuit Judges.

Dismissed by unpublished per curiam opinion.

Darrol J. Harrison, Appellant Pro Se. Robert Hayden Bickerton,

Assistant United States Attorney, Charleston, South Carolina, for

Appellee.

Unpublished opinions are not binding precedent in this circuit.

See Local Rule 36(c).

* We recently held in United States v. Sanders

, 247 F.3d 139 (4th Cir. 2001), that the new rule announced in Apprendi v. New

Jersey

, 530 U.S. 466 (2000), is not retroactively applicable to cases on collateral review. Accordingly, Appellant’s Apprendi

claim is not cognizable for this reason, in addition to those

provided by the district court. 2 PER CURIAM:

Darrol J. Harrison seeks to appeal the district court’s order

denying his motion filed under 28 U.S.C.A. § 2255 (West Supp.

1). We have reviewed the record and the district court’s opin-

ion and find no reversible error. Accordingly, we deny a certif-

icate of appealability and dismiss the appeal substantially on the

reasoning of the district court. * Harrison v. United States

, Nos. CR-92-446; CA-00-3877-2-18 (D.S.C. July 31, 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

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