United States v. Blackmon
Opinion
Pomp Blackmon 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. Blackmon, Nos. CR-98-1126; CA-00-2451-0-19 (D.S.C. Feb. 15, 2001). Further, we deny Blackmon’s motions to vacate his convictions and dismiss the indictment and to amend his informal brief. We dispense with oral argument because the *87 facts and legal contentions are adequately presented in the materials before the Court and argument would not aid the decisional process.
DISMISSED.
We recently noted in United States v. Sanders, 247 F.3d 139, 146 (4th Cir. 2001), that the new rule announced in Apprendi v. New Jersey, 530 U.S. 466, 490, 120 S.Ct. 2348, 147 L.Ed.2d 435 (2000), is not retroactively applicable to cases on collateral review. Accordingly, Blackmon’s Apprendi claim is not cognizable.
Reference
- Full Case Name
- UNITED STATES of America, Plaintiff-Appellee, v. Pomp BLACKMON, Defendant-Appellant
- Status
- Unpublished