United States v. Hypolite
Opinion
Job Hypolite 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. Hypolite, Nos. CR-98-159; CA-00-3495-4-22 (D.S.C. Aug. 15, 2001). We dispense with *207 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.
While we have not determined precisely when the limitations period begins and ends for claims based on Apprendi v. New Jersey, 530 U.S. 466, 120 S.Ct. 2348, 147 L.Ed.2d 435 (2000), we have determined that Apprendi claims may not be raised initially on collateral review. See United States v. Sanders, 247 F.3d 139, 144, 151 (4th Cir. 2001).
Reference
- Full Case Name
- UNITED STATES of America, Plaintiff-Appellee, v. Job HYPOLITE, Defendant-Appellant
- Status
- Unpublished