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10 F. App'x 152

United States v. Abdullah

U.S. Courts of Appeals

Decided May 22, 2001

U.S. Courts of Appeals · decided 2001-05-22

Applies 28 U.S.C. § 2255 (Antiterrorism and Effective Death Penalty Act of 1996)

Relies on Apprendi v. New Jersey · United States of America v. Sean Lamar Sanders

Decided 2001-05-22

PER CURIAM.

¶1 Denise C. Abdullah appeals the district court’s order denying her 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 affirm substantially on the reasoning of the district court. United States v. Abdullah, Nos. CR-94-422 JFM; CA-00-2376-HNM (D.Md. Dec. 19, 2000). Additionally, we recently held in United States v. Sanders, 247 F.3d 139 (4th Cir.2001), that the new rule announced in Apprendi v. New Jersey, 530 U.S. 466, 120 S.Ct. 2348, 147 L.Ed.2d 435 (2000), is not retroactively applicable to cases on collateral review. Further, Abdullah’s § 2255 motion was untimely with respect to all three claims raised in her § 2255 motion. 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. The motion for appointment of counsel is denied. The motion to supplement the informal brief is granted.

¶2 AFFIRMED.

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