UNPUBLISHED

UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT

No. 04-7442

RAYMOND JEROME FRANCIS,

Petitioner - Appellant,

versus

JOSEPH M. BROOKS,

Respondent - Appellee.

Appeal from the United States District Court for the Eastern District of Virginia, at Norfolk. Jerome B. Friedman, District Judge. (CA-04-341-2)

Submitted: December 16, 2004 Decided: December 23, 2004

Before MICHAEL, KING, and SHEDD, Circuit Judges.

Affirmed by unpublished per curiam opinion.

Raymond Jerome Francis, Appellant Pro Se.

Unpublished opinions are not binding precedent in this circuit.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

Raymond Jerome Francis, a federal prisoner, appeals the

district court’s orders denying relief on his petition filed under

(2000), and denying his Fed. R. Civ. P. 59(e)

motion. We have reviewed the record and find no reversible error.

Accordingly, we affirm for the reasons stated by the district

court. See Francis v. Brooks, No. CA-04-341-2 (E.D. Va. filed

June 16, 2004 & entered June 17, 2004; July 30, 2004); see also

San-Miguel v. Dove,

(4th Cir. 2002) (holding that rule

announced in Apprendi v. New Jersey,

(2000), does not

apply retroactively to cases on collateral review regardless of

whether action is filed under § 2241 or

(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.

AFFIRMED

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