UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 01-7368
UNITED STATES OF AMERICA,
Plaintiff - Appellee,
versus
GEORGE THOMAS CABEL, a/k/a PY,
Defendant - Appellant.
Appeal from the United States District Court for the Middle Dis-
trict of North Carolina, at Durham. William L. Osteen, District
Judge. (CR-97-173, CA-00-809-1)
Submitted: December 20, 2001 Decided: January 2, 2002
Before LUTTIG, TRAXLER, and GREGORY, Circuit Judges.
Dismissed by unpublished per curiam opinion.
George Thomas Cabel, Appellant Pro Se. Paul Alexander Weinman,
Assistant United States Attorney, Greensboro, North Carolina, for
Appellee.
Unpublished opinions are not binding precedent in this circuit.
See Local Rule 36(c).
PER CURIAM:
George Thomas Cabel 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
opinion accepting the recommendation of the magistrate judge and
find no reversible error.* Accordingly, we deny a certificate of
appealability and dismiss the appeal on the reasoning of the dis-
trict court. United States v. Cabel, Nos. CR-97-173; CA-00-809-1
(M.D.N.C. July 26, 2001). 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
*
To the extent that Cabel raises claims under Apprendi v. New
Jersey, 530 U.S. 466 (2000), they are foreclosed by our decision in
United States v. Sanders, 247 F.3d 139 (4th Cir. 2001).
2