U.S. Court of Appeals for the Fourth Circuit, 2002

United States v. West

U.S. Court of Appeals for the Fourth Circuit · Decided June 10, 2002 · Luttig, Gregory, Hamilton

36 F. App'x 152

Opinion

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- *153 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, 120 S.Ct. 2348, 147 L.Ed.2d 435 (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, 151 L.Ed.2d 445 (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.

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