UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 01-7890
UNITED STATES OF AMERICA,
Plaintiff - Appellee,
versus
LEROY W. WEST,
Defendant - Appellant.
Appeal from the United States District Court for the Eastern
District of Virginia, at Norfolk. Jerome B. Friedman, District
Judge. (CR-99-103, CA-01-252-2)
Submitted: April 29, 2002 Decided: June 10, 2002
Before LUTTIG and GREGORY, Circuit Judges, and HAMILTON, Senior
Circuit Judge.
Dismissed by unpublished per curiam opinion.
Leroy W. West, Appellant Pro Se. Robert Edward Bradenham, II,
Assistant United States Attorney, Norfolk, Virginia, for Appellee.
Unpublished opinions are not binding precedent in this circuit.
See Local Rule 36(c).
PER CURIAM:
Leroy W. West 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 on the reasoning of the
district court.* United States v. West, Nos. CR-99-103; CA-01-252-2
(E.D. Va. filed Sept. 7, 2001; entered Sept. 10, 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 even if West’s claim under Apprendi v. New
Jersey, 530 U.S. 466 (2000), is not precluded by the reasoning in
United States v. Sanders, 247 F.3d 139 (4th Cir.), cert. denied,
U.S. , 122 S. Ct. 573 (2001), he has not shown cause for his
failure to raise an Apprendi claim on direct appeal. See Sanders,
247 F.3d at 145-46. Thus, this claim is procedurally barred.
2