UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 00-7538
UNITED STATES OF AMERICA,
Plaintiff - Appellee,
versus
IRA LEE DICKERSON,
Defendant - Appellant.
Appeal from the United States District Court for the District of
South Carolina, at Florence. C. Weston Houck, District Judge.
(CR-91-36, CA-97-2809-4-12)
Submitted: April 27, 2001 Decided: May 15, 2001
Before LUTTIG, WILLIAMS, and GREGORY, Circuit Judges.
Dismissed by unpublished per curiam opinion.
Ira Lee Dickerson, Appellant Pro Se. Beth Drake, Assistant United
States Attorney, Columbia, South Carolina, for Appellee.
Unpublished opinions are not binding precedent in this circuit.
See Local Rule 36(c).
PER CURIAM:
Ira Lee Dickerson seeks to appeal the district court’s order
dismissing as untimely 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. With respect to
Dickerson’s newly-presented claim on appeal that he was sentenced
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, we grant Dickerson’s motion to
amend his brief, but deny a certificate of appealability and dis-
miss the appeal on the reasoning of the district court. United
States v. Dickerson, Nos. CR-91-36; CA-97-2809-4-12 (D.S.C. filed
Sept. 27, 2000; entered Sept. 28, 2000). We further deny Dicker-
son’s motion for the appointment of counsel. 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
2