United States v. Garrison

UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 01-7143 UNITED STATES OF AMERICA, Plaintiff - Appellee, versus JOHN THOMAS GARRISON, Defendant - Appellant. Appeal from the United States District Court for the Western District of Virginia, at Roanoke. James C. Turk, District Judge. (CR-97-83, CA-00-258-7) Submitted: September 20, 2001 Decided: September 28, 2001 Before LUTTIG, KING, and GREGORY, Circuit Judges. Dismissed by unpublished per curiam opinion. John Thomas Garrison, Appellant Pro Se. Ray B. Fitzgerald, Jr., OFFICE OF THE UNITED STATES ATTORNEY, Charlottesville, Virginia, for Appellee. Unpublished opinions are not binding precedent in this circuit. See Local Rule 36(c). PER CURIAM: John Thomas Garrison seeks to appeal the district court’s order denying his motion filed under 28 U.S.C.A. § 2255 (West Supp. 2001). 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. Garrison, Nos. CR-97-83; CA-00-258-7 (W.D. Va. May 2, 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 (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, Garrison’s Apprendi claim is not cognizable. 2