United States Fourth Circuit

Appellants convicted long before Apprendi was decided, who both pursued direct appeals in which they did not raise Apprendi claims, cannot raise their Apprendi claims for the first time in their respective 28 U.S.C. section 2241 habeas petitions.

Appellate Information

• Argued 04/02/2002
• Decided 05/21/2002
• Published 05/21/2002

Judges

• Before WILKINSON, Chief Judge, KING, Circuit Judge, and HAMILTON, Senior Circuit Judge.

Court

• United States Fourth Circuit

Counsel

• For Appellees:
  
• ARGUED:  Kelley Brooke Snyder, Student, Appellate Litigation Clinic, University of Virginia School of Law, Charlottesville, Virginia, for Appellants.  Demetra Daniel Lambros, United States Department of Justice, Washington, D.C., for Appellees.   ON BRIEF:  Neal L. Walters, Appellate Litigation Clinic, University of Virginia School of Law, Charlottesville, Virginia, for Appellants.  J. Strom Thurmond, Jr., United States Attorney, Ann Agnew Cupp, Assistant United States Attorney, Kasey Warner, United States Attorney, Michael L. Keller, Assistant United States Attorney, United States Department of Justice, Washington, D.C., for Appellees.