United States Fifth Circuit

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US v. CLARK, 99-50485

In determining whether an amendment to a habeas petition would be futile, district courts may need to determine whether Apprendi announces a substantive change in the law requiring retroactivity or a change in procedure requiring application of Teague v. Lane, 489 U.S. 288 (1989).

Appellate Information

  • Decided 07/26/2001
  • Published 07/26/2001

Judges

Court

  • United States Fifth Circuit

Counsel