Federal Circuits, 4th Cir. (October 30, 2001)
Docket number: 01-7483
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U.S. Court of Appeals for the 4th Cir. - United States of America, Plaintiff-Appellee, v. Sean Lamar Sanders, A/K/a Sean Lamont Sanders, Defendant-Appellant., 247 F.3d 139 (4th Cir. 2001) Plaintiff-Appellee, v. Sean Lamar Sanders, A/K/a Sean Lamont Sanders, Defendant-Appellant.
U.S. Supreme Court - Apprendi v. New Jersey, 530 U.S. 466 (2000)
UNPUBLISHED
UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUITNo. 01-7483 UNITED STATES OF AMERICA, Plaintiff - Appellee, versusWENDELL WOOD, Defendant - Appellant. Appeal from the United States District Court for the Eastern Dis-trict of Virginia, at Norfolk. Rebecca B. Smith, District Judge.(CR-93-90, CA-00-718-2)Submitted: October 18, 2001 Decided: October 30, 2001Before MOTZ and GREGORY, Circuit Judges, and HAMILTON, SeniorCircuit Judge.Dismissed by unpublished per curiam opinion.Wendall Wood, Appellant Pro Se. Fernando Groene, OFFICE OF THEUNITED STATES ATTORNEY, Norfolk, Virginia, for Appellee.Unpublished opinions are not binding precedent in this circuit.See Local Rule 36(c).* Although we have not determined when the limitations period accrues for claims raising issues under Apprendi v. New Jersey, 530 U.S. 466 (2000), seeUnited States v. Sanders, 247 F.3d 139, 144 (4th Cir. 2001), we have held, as the district court recognized,that Apprendidoes not apply retroactively on collateral review. Id. at 151. 2 PER CURIAM:Wendell Wood seeks to appeal the district court’s order de-nying his motion filed under 28 U.S.C.A. § 2255 (West Supp. 2001).We have reviewed the record and the district court’s opinion andfind no reversible error. Accordingly, we deny a certificate ofappealability and dismiss the appeal substantially on the reasoningof the district court. * SeeUnited States v. Wood, Nos. CR-93-20; CA-00-718-2 (E.D. Va. July 31, 2001). We dispense with oral argu-ment because the facts and legal contentions are adequatelypresented in the materials before the court and argument would notaid the decisional process. DISMISSEDTry vLex for FREE for 3 days
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