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Burton v. Stewart, 05-9222

Denial of a habeas petition challenging the constitutionality of petitioner's sentence under Apprendi is vacated where petitioner failed to comply with the gate-keeping requirements of 28 U. S. C. section 2244(b) and thus, the district court was deprived of jurisdiction to hear his claims in the first place. Consequently, the court did not answer the question on which it granted certiorari, specifically, whether the decision in Blakely v. Washington, 542 U. S. 296 (2004), announced a new rule and, if so, whether it applies retroactively on collateral review.

Appellate Information

  • Decided 01/09/2007
  • Published 01/09/2007



  • United States Supreme Court