United States v. Anderson

UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 01-7069 UNITED STATES OF AMERICA, Plaintiff - Appellee, versus LYNVAL KERRIS ANDERSON, JR., a/k/a Jamaican Pete, a/k/a Michael Reid, a/k/a Joseph Anderson, a/k/a Amxmill Kerris, a/k/a Lynval Kerris, Defendant - Appellant. Appeal from the United States District Court for the Eastern District of Virginia, at Norfolk. Henry C. Morgan, Jr., District Judge. (CR-98-143, CA-00-522) Submitted: October 18, 2001 Decided: October 29, 2001 Before MOTZ and GREGORY, Circuit Judges, and HAMILTON, Senior Circuit Judge. Dismissed by unpublished per curiam opinion. Lynval Kerris Anderson, Jr., Appellant Pro Se. Laura P. Tayman, OFFICE OF THE UNITED STATES ATTORNEY, Norfolk, Virginia, for Appellee. Unpublished opinions are not binding precedent in this circuit. See Local Rule 36(c). PER CURIAM: Lynval Kerris Anderson, Jr. seeks to appeal the district court’s order denying his motion filed under 28 U.S.C.A. § 2255 (West Supp. 2000). 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. Anderson, Nos. CR-98-143; CA-00-522 (E.D. Va. Apr. 26, 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 * Additionally, this court’s records disclose that Anderson’s claims relating to Apprendi v. New Jersey, 530 U.S. 466 (2000), were raised initially in his § 2255 motion. Our recent decision in United States v. Sanders, 247 F.3d 139 (4th Cir. 2001), thereby independently forecloses these claims. 2