United States v. Douglas

UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 01-6893 UNITED STATES OF AMERICA, Plaintiff - Appellee, versus VIRGINIA DOUGLAS, Defendant - Appellant. Appeal from the United States District Court for the District of Maryland, at Baltimore. Catherine C. Blake, District Judge. (CR- 98-315-CCB, CA-01-747-CCB) Submitted: July 26, 2001 Decided: August 2, 2001 Before WILKINS, LUTTIG, and TRAXLER, Circuit Judges. Dismissed by unpublished per curiam opinion. Virginia Douglas, Appellant Pro Se. Jamie M. Bennett, Assistant United States Attorney, Baltimore, Maryland, for Appellee. Unpublished opinions are not binding precedent in this circuit. See Local Rule 36(c). PER CURIAM: Virginia Douglas seeks to appeal the district court’s order denying her 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. Douglas, Nos. CR-98-315-CCB; CA-01-747-CCB (D. Md. Mar. 27, 2001). 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 * Douglas’ claims based upon the rule announced in Apprendi v. New Jersey, 530 U.S. 466 (2000), are without merit. We recently held in United States v. Sanders, 247 F.3d 139 (4th Cir. 2001), that the new rule announced in Apprendi is not retroactively appli- cable to cases on collateral review. 2