U.S. Court of Appeals for the Fourth Circuit, 2001

United States v. Nichols

U.S. Court of Appeals for the Fourth Circuit · Decided February 28, 2001 · Widener, Motz, King

5 F. App'x 118

Opinion

PER CURIAM.

Isaac Nichols 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 on the reasoning of the district court. United States v. Nichols, No. CR-93-128 (E.D.Va. July 11, 2000). 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.

Because Nichols' sentence is below the prescribed statutory maximum, his claim under Apprendi v. New Jersey, 530 U.S. 466, 120 S.Ct. 2348, 147 L.Ed.2d 435 (2000), is not viable. We decline to review any other issues Nichols seeks to raise for the first time on appeal.

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