United States Ninth Circuit

Because the U.S. Supreme Court has not mandated that Apprendi be applied retroactively on collateral review, the defendant cannot meet the requirements of 28 U.S.C. section 2244 for obtaining leave to file a second habeas petition; petition denied.

Appellate Information

• Argued 11/06/2001
• Decided 03/26/2002
• Published 03/26/2002

Judges

• Before:  HUG, T.G. NELSON, and GOULD, Circuit Judges.

Court

• United States Ninth Circuit

Counsel

• For Appellant:
  
• Wendy R. Willis, Assistant Federal Public Defender, Portland, OR, for the petitioner.


• For Appellees:
  
• Timothy A. Sylwester, Assistant Attorney General, Salem, OR, for the respondent.