UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 01-6592
UNITED STATES OF AMERICA,
Plaintiff - Appellee,
versus
JIMMY BACON,
Defendant - Appellant.
Appeal from the United States District Court for the Eastern Dis-
trict of North Carolina, at Raleigh. Terrence W. Boyle, Chief Dis-
trict Judge. (CR-95-123-BO, CA-01-61-5-BO)
Submitted: June 21, 2001 Decided: July 5, 2001
Before WIDENER and GREGORY, Circuit Judges, and HAMILTON, Senior
Circuit Judge.
Dismissed by unpublished per curiam opinion.
Jimmy Bacon, Appellant Pro Se. Rudolf A. Renfer, Jr., Assistant
United States Attorney, Raleigh, North Carolina, for Appellee.
Unpublished opinions are not binding precedent in this circuit.
See Local Rule 36(c).
PER CURIAM:
Jimmy Bacon appeals the district court’s order dismissing his
motion under 28 U.S.C.A. § 2255 (West Supp. 2000) as untimely. 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 Bacon’s appeal substantially on the reasoning
of the district court.* See United States v. Bacon, Nos. CR-95-
123-BO; CA-01-61-5-BO (E.D.N.C. Mar. 16, 2001). We dispense with
oral argument because the facts and legal contentions are adequate-
ly presented in the materials before the court and argument would
not aid the decisional process.
DISMISSED
*
We recently held in United States v. Sanders, 247 F.3d 139,
146 (4th Cir. 2001), 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, Ramirez’s Apprendi claim
is not cognizable.
2