Kaufmann v. United States
Court of Appeals for the Eleventh Circuit
1Opinion of the Court
BARKETT, Circuit Judge:
Anders Joseph Kaufmann, Jr., a federal prisoner, appeals the dismissal as untimely of his motion to vacate his sentence pursuant to 28 U.S.C. § 2255. In his petition, Kaufmann raises two arguments: (1) that Apprendi v. New Jersey, 530 U.S. 466, 120 S.Ct. 2348, 147 L.Ed.2d 435 (2000), requires that his sentence be vacated; and (2) that he received ineffective assistance of counsel regarding issues unrelated to Apprendi. The trial court held that Kauf-mann’s motion was untimely because (1) Apprendi is not retroactively applicable to cases on collateral review; and (2)…
2Cases cited15 opinions
- Apprendi v. New JerseySupreme Court of the United States · 2000
- Griffith v. KentuckySupreme Court of the United States · 1987
- Russello v. United StatesSupreme Court of the United States · 1983
- Michael Kapral v. United StatesCourt of Appeals for the Third Circuit · 1999
- Sorenson v. Secretary of the TreasurySupreme Court of the United States · 1986
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- Derman v. United StatesCourt of Appeals for the First Circuit · 2002
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