UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 01-6946
UNITED STATES OF AMERICA,
Plaintiff - Appellee,
versus
PATRICK LEWIS RUDD, a/k/a One-Eyed Louie,
a/k/a Louie,
Defendant - Appellant.
Appeal from the United States District Court for the Eastern Dis-
trict of North Carolina, at Wilmington. Malcolm J. Howard, District
Judge. (CR-97-63, CA-01-49-7-H)
Submitted: October 18, 2001 Decided: October 26, 2001
Before MOTZ and GREGORY, Circuit Judges, and HAMILTON, Senior
Circuit Judge.
Dismissed by unpublished per curiam opinion.
Patrick Lewis Rudd, Appellant Pro Se. Rudolf A. Renfer, Jr.,
Assistant United States Attorney, J. Frank Bradsher, Anthony
Emerson Flanagan, 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Unpublished opinions are not binding precedent in this circuit.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:
Patrick Lewis Rudd seeks to appeal the district court’s order
denying his motion filed under 28 U.S.C.A. § 2255 (West Supp.
2001). Because Rudd’s motion was filed outside the one-year
limitation period, 28 U.S.C.A. § 2255, the district court properly
dismissed the motion. See United States v. Sanders, 247 F.3d 139
(4th Cir. 2001) (holding that new rule announced in Apprendi v. New
Jersey, 530 U.S. 466 (2000), is not retroactively applicable to
cases on collateral review, for purposes of determining the limi-
tation period under § 2255(3)). Accordingly, we deny a certificate
of appealability and dismiss the appeal. 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
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