UNPUBLISHED

UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT

No. 01-7471

UNITED STATES OF AMERICA,

Plaintiff - Appellee,

versus

JESUS ALBERTO SARMIENTO,

Defendant - Appellant.

Appeal from the United States District Court for the District of Maryland, at Baltimore. Alexander Williams, Jr., District Judge. (CR-95-389-AW, CA-01-1860-AW)

Submitted: December 10, 2001 Decided: January 11, 2002

Before NIEMEYER, MICHAEL, and TRAXLER, Circuit Judges.

Dismissed by unpublished per curiam opinion.

Jesus Alberto Sarmiento, Appellant Pro Se. Barbara Suzanne Skalla, Assistant United States Attorney, Greenbelt, Maryland, for Appellee.

Unpublished opinions are not binding precedent in this circuit. See Local Rule 36(c). PER CURIAM:

Jesus Alberto Sarmiento appeals the district court’s order de-

nying his motion filed under

(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. See United States v. Sarmiento, Nos. CR-95-389-AW;

CA-01-1860-AW (D. Md. July 12, 2001); see also United States v.

McAllister, F.3d ,

(4th Cir. 2001) (reject-

ing challenge to constitutionality of

(West 1999

& Supp. 2001) in light of Apprendi v. New Jersey,

(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

2