Francis v. Brooks ( 2004 )

UNPUBLISHED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Affirmed by unpublished per curiam opinion.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Unpublished opinions are not binding precedent in this circuit.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
28 U.S.C. § 2241 (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, 291 F.3d 257 (4th Cir. 2002) (holding that rule
announced in Apprendi v. New Jersey, 530 U.S. 466 (2000), does not
apply retroactively to cases on collateral review regardless of
whether action is filed under § 2241 or 28 U.S.C. § 2255 (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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