United States v. George Harper

U.S. Court of Appeals for the Eighth Circuit
United States v. George Harper, 22 F. App'x 681 (8th Cir. 2001)

United States v. George Harper

Opinion

PER CURIAM.

The district court 1 dismissed as time-barred George Harper’s initial 28 U.S.C. § 2255 motion, which sought retroactive application of Apprendi v. New Jersey, 530 U.S. 466, 120 S.Ct. 2348, 147 L.Ed.2d 435 (2000). We subsequently determined that *682 Apprendi may not be applied retroactively to initial § 2255 motions. United States v. Moss, 252 F.3d 993, 997 (8th Cir. 2001); see also Murphy v. United States, 268 F.3d 599, 601 (8th Cir. 2001) (applying Moss); Jarrett v. United States, 266 F.3d 789, 791 (8th Cir. 2001) (same).

Our decision in Moss is fatal to Harper’s Apprendi claim. We therefore affirm the district court’s dismissal of Harper’s § 2255 motion.

1

. The Honorable Charles R. Wolle, United States District Judge for the Southern District of Iowa.

Reference

Full Case Name
UNITED STATES of America, Appellee, v. George HARPER, Appellant
Status
Unpublished