United States v. Sarmiento
Docket: No. 01-7471
Court: Court of Appeals for the Fourth Circuit; January 10, 2002; Federal Appellate Court
Jesus Alberto Sarmiento's appeal of the district court's denial of his 28 U.S.C.A. § 2255 motion has been reviewed, and no reversible error was found. The appellate court denied a certificate of appealability and dismissed the appeal, agreeing with the district court's reasoning. This decision also referenced the case of United States v. McAllister, which rejected a constitutional challenge to 21 U.S.C.A. § 841, influenced by the precedent set in Apprendi v. New Jersey. The court decided that oral argument was unnecessary as the relevant facts and legal issues were sufficiently presented in the submitted materials. The appeal was dismissed by an unpublished per curiam opinion.