USA vs. Adkism, (5th Cir. 2002)
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* Pursuant to 5 TH C IR . R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5 TH C IR .
R. 47.5.4. IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT
No. 02-40563 Conference Calendar UNITED STATES OF AMERICA, Plaintiff-Appellee, versus MICHAEL DEWAYNE ADKISM, Defendant-Appellant. Appeal from the United States District Court for the Eastern District of Texas USDC Nos. 3:00-CV-55 & 3:97-CR-4-1 December 12, 2002 Before JOLLY, JONES, and CLEMENT, Circuit Judges.
PER CURIAM: * Michael DeWayne Adkism, federal prisoner # 06384-078, appeals the district court§ 2255 motion. Adkism was sentenced to 235 months§§ 841(a) and 846. The district court denied AdkismÂ’s motion and granted a certificate of appealability on the issue of whether Apprendi v. New Jersey , 530 U.S. 466 (2000), should apply retroactively with respect to an initial challenge to a conviction on collateral review.
The issue is now foreclosed by this court§ 2255.§ 2255 motion is affirmed.
In light of the foregoing, AdkismÂ’s motions for appointment of counsel and oral argument are denied.
JUDGMENT AFFIRMED; MOTIONS DENIED.
No. 02-40563
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