UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 00-7106
UNITED STATES OF AMERICA,
Plaintiff - Appellee,
versus
HAROLD GREEN MCKINNON,
Defendant - Appellant.
Appeal from the United States District Court for the Eastern Dis-
trict of North Carolina, at Raleigh. W. Earl Britt, Senior District
Judge. (CR-91-56-BR, CA-99-462-5-BR)
Submitted: July 31, 2001 Decided: August 10, 2001
Before WIDENER, NIEMEYER, and GREGORY, Circuit Judges.
Dismissed by unpublished per curiam opinion.
Harold Green McKinnon, Appellant Pro Se. Fenita Morris Shepard,
OFFICE OF THE UNITED STATES ATTORNEY, Raleigh, North Carolina, for
Appellee.
Unpublished opinions are not binding precedent in this circuit.
See Local Rule 36(c).
PER CURIAM:
Harold Green McKinnon seeks to appeal the district court’s
orders denying his motion filed under 28 U.S.C.A. § 2255 (West
Supp. 2000) and his motion for reconsideration. We have reviewed
the record and the district court’s opinion and find no reversible
error. Accordingly, we deny a certificate of appealability and
dismiss the appeal substantially on the reasoning of the district
court.* United States v. McKinnon, Nos. CR-91-56-BR; CA-99-462-5-
BR (E.D.N.C. June 12 & July 10, 2001). We grant McKinnon’s motion
to supplement the record. We dispense with oral argument because
the facts and legal contentions are adequately presented in the ma-
terials before the court and argument would not aid the decisional
process.
DISMISSED
*
We recently held in United States v. Sanders, 247 F.3d 139
(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, Appellant’s Apprendi
claim is not cognizable.
2