United States v. Abdullah

UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 01-6185 UNITED STATES OF AMERICA, Plaintiff - Appellee, versus MUMIN SAHIB ABDULLAH, a/k/a Phillip Edward Roberson, Defendant - Appellant. Appeal from the United States District Court for the District of Maryland, at Baltimore. J. Frederick Motz, Chief District Judge. (CR-93-419-JFM, CA-00-2455-JFM) Submitted: May 17, 2001 Decided: May 25, 2001 Before WIDENER, NIEMEYER, and MICHAEL, Circuit Judges. Dismissed by unpublished per curiam opinion. Mumin Sahib Abdullah, Appellant Pro Se. Susan Moss Ringler, OFFICE OF THE UNITED STATES ATTORNEY, Baltimore, Maryland, for Appellee. Unpublished opinions are not binding precedent in this circuit. See Local Rule 36(c). PER CURIAM: Mumin Sahib Abdullah appeals from the district court’s order denying his motion filed under 28 U.S.C.A. § 2255 (West Supp. 2000). 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.* United States v. Abdullah, Nos. CR-93-419-JFM, CA-00-2455-JFM (D. Md. filed Dec. 18, 2000; entered Dec. 19, 2000). 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 * 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 v. New Jersey, 530 U.S. 466 (2000), is not retroactively applicable to cases on collateral review. Accordingly, Abdullah’s Apprendi claims are not cognizable. 2