United States Tenth Circuit

The new AEDPA's substantive standards work no impermissibly retroactive effect on the habeas petition of a prisoner who can meet the pre-AEDPA requirements for raising an Apprendi claim in a successive petition under 28 USC 2255.

Appellate Information

• Decided 06/25/2001
• Published 06/25/2001

Judges

• SEYMOUR, Circuit Judge., Before TACHA, Chief Judge, SEYMOUR, BALDOCK, BRORBY, EBEL, KELLY, HENRY, BRISCOE, LUCERO and MURPHY, Circuit Judges.

Court

• United States Tenth Circuit

Counsel

• For Appellant:
  
• Howard A. Pincus, Assistant Federal Public Defender (Michael G. Katz, Federal Public Defender, and Vicki Mandell-King, Assistant Federal Public Defender, with him on the briefs), Denver, CO, for Petitioner-Appellant.


• For Appellees:
  
• Nina Goodman, Department of Justice, (Daniel G. Webber, Jr., United States Attorney, Leslie M. Maye, Assistant U.S. Attorney, and Bruce Green, United States Attorney and Paul G. Hess, Assistant U.S. Attorney, and Michael A. Rotker, Department of Justice, Washington, DC, with her on the brief), for Respondent-Appellee.