United States v. Maye

UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 01-7938 UNITED STATES OF AMERICA, Plaintiff - Appellee, versus ORLANDOUS L. MAYE, Defendant - Appellant. Appeal from the United States District Court for the Eastern District of Virginia, at Alexandria. Albert V. Bryan, Jr., Senior District Judge. (CR-99-104, CA-01-1507-AM) Submitted: March 21, 2002 Decided: March 28, 2002 Before NIEMEYER, WILLIAMS, and MICHAEL, Circuit Judges. Dismissed by unpublished per curiam opinion. Orlandous L. Maye, Appellant Pro Se. Thomas Joseph Krysa, David Hackney, OFFICE OF THE UNITED STATES ATTORNEY, Alexandria, Virginia, for Appellee. Unpublished opinions are not binding precedent in this circuit. See Local Rule 36(c). PER CURIAM: Orlandous Maye 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 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. Maye, Nos. CR-99-104; CA-01-1507-AM (E.D. Va. Oct. 9, 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 * We note that, although Maye states that he raised a claim of error under Apprendi v. New Jersey, 530 U.S. 466 (2000), in his petition for certiorari to the Supreme Court after the dismissal of his first § 2255 motion, he has not made an Apprendi claim in this proceeding. 2