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22 F. App'x 331

United States v. Cabel

U.S. Courts of Appeals

Decided January 2, 2002

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U.S. Courts of Appeals · decided 2002-01-02

Cited by 1 later decisions (1 by the Supreme Court) — most recently May 2002

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

Good law ✅— No negative treatment on recordhow we know

Decided 2002-01-02

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PER CURIAM.

¶1 George Thomas Cabel 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 accepting the recommendation of the magistrate judge 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. Cabel, Nos. CR-97-173; CA-00-809-1 (M.D.N.C. July 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 To the extent that Cabel raises claims under Apprendi v. Mew Jersey, 530 U.S. 466, 120 S.Ct. 2348, 147 L.Ed.2d 435 (2000), they are foreclosed by our decision in United States v. Sanders, 247 F.3d 139 (4th Cir.2001).

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