UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 01-6275
UNITED STATES OF AMERICA,
Plaintiff - Appellee,
versus
JEFFREY LYNN MYERS,
Defendant - Appellant.
Appeal from the United States District Court for the Western Dis-
trict of North Carolina, at Statesville. Richard L. Voorhees, Dis-
trict Judge. (CR-90-10-ST-V, CA-97-2-5-V)
Submitted: April 27, 2001 Decided: May 7, 2001
Before LUTTIG and MOTZ, Circuit Judges, and HAMILTON, Senior Cir-
cuit Judge.
Dismissed by unpublished per curiam opinion.
Jeffrey Lynn Myers, Appellant Pro Se. Harry Thomas Church, As-
sistant United States Attorney, Charlotte, North Carolina, for
Appellee.
Unpublished opinions are not binding precedent in this circuit.
See Local Rule 36(c).
PER CURIAM:
Jeffrey Myers appeals the district court’s order dismissing
his 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 appeal-
ability and dismiss the appeal on the reasoning of the district
court.* See United States v. Myers, Nos. CR-90-10-ST-V; CA-97-2-5-
V (W.D.N.C. filed Nov. 29, 2000; entered Dec. 5, 2000). We dis-
pense 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
*
Myers alleges on appeal for the first time that he was sen-
tenced in violation of Apprendi v. New Jersey, 530 U.S. 466 (2000).
We recently held in United States v. Sanders, F.3d , 2001
WL 369719 (4th Cir. Apr. 13, 2001) (No. 00-6281), that the new rule
announced in Apprendi is not retroactively applicable to cases on
collateral review. Accordingly, Myers’ Apprendi claim is not
cognizable.
2