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21 F. App'x 180

United States v. Anderson

U.S. Courts of Appeals

Decided October 29, 2001

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U.S. Courts of Appeals · decided 2001-10-29

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 2001-10-29

PER CURIAM.

¶1 Lynval Kerris Anderson, Jr. seeks to appeal the district court’s order denying his 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 deny a certificate of appealability and dismiss the appeal substantially on the reasoning of the district court. * United States v. Anderson, Nos. CR-98-143; CA-00-522 (E.D.Va. Apr. 26, 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.

¶2 DISMISSED.

*

¶3 Additionally, this court's records disclose that Anderson's claims relating to Apprendi v. New Jersey, 530 U.S. 466, 120 S.Ct. 2348, 147 L.Ed.2d 435 (2000), were raised initially in his § 2255 motion. Our recent decision in United States v. Sanders, 247 F.3d 139 (4th Cir.2001), thereby independently forecloses these claims.

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