UNPUBLISHED

                    UNITED STATES COURT OF APPEALS
                        FOR THE FOURTH CIRCUIT


                             No. 01-6692



UNITED STATES OF AMERICA,

                                               Plaintiff - Appellee,

          versus


CHORYA A. STATON,

                                             Defendant - Appellant.



Appeal from the United States District Court for the Eastern Dis-
trict of Virginia, at Norfolk. Robert G. Doumar, Senior District
Judge. (CR-93-49, CA-99-832-2)


Submitted:   December 20, 2001          Decided:     December 27, 2001


Before LUTTIG, TRAXLER, and GREGORY, Circuit Judges.


Dismissed by unpublished per curiam opinion.


Chorya A. Staton, Appellant Pro Se. Arenda L. Wright Allen, Assis-
tant United States Attorney, Norfolk, Virginia, for Appellee.


Unpublished opinions are not binding precedent in this circuit.
See Local Rule 36(c).
PER CURIAM:

     Chorya A. Staton seeks to appeal the district court’s order

denying his motion filed under Fed. R. Civ. P. 59(e), which the

court properly construed as a Fed. R. Civ. P. 60(b) motion.   In his

motion, Staton sought reconsideration of the court’s denial of his

28 U.S.C.A. § 2255 (West Supp. 2001) motion.    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 on the reasoning of the district court.    United

States v. Staton, Nos. CR-93-49; CA-99-832-2 (E.D. Va. Mar. 2,

2001); see United States v. Sanders, 

, 151 (4th Cir.

2001) (holding that rule announced in Apprendi v. New Jersey, 

 (2000), is not retroactively applicable to cases on col-

lateral review), cert. denied,        U.S.   , 

 (U.S.

Nov. 13, 2001) (No. 01-6715).        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.




                                                          DISMISSED




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