United States Sixth Circuit

Apprendi does not apply retroactively to initial 28 U.S.C. section 2255 motions, as it is not a watershed rule of criminal procedure, and Apprendi does not create jurisdictional problems for district courts to hear cases where the drug quantity is not specified in the indictment.

Appellate Information

• Decided 05/10/2002
• Published 09/25/2002

Judges

• Before MARTIN, Chief Circuit Judge;  COLE, Circuit Judge;  SHARP, District Judge.

Court

• United States Sixth Circuit

Counsel

• For Appellant:
  
• Kevin Antonio Goode (briefed), Sheridan, OR, pro se.


• For Appellees:
  
• David J. Debold, Asst. U.S. Atty., Detroit, MI, Mark C. Jones (briefed), Asst. U.S. Atty., Flint, MI, for Respondent-Appellee.