Legal Opinion

Kaufmann v. United States

Court of Appeals for the Eleventh Circuit

Decided February 21, 2002No. 00-15458PublishedCited by 52 opinions

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

  1. Apprendi v. New JerseySupreme Court of the United States · 2000
  2. Griffith v. KentuckySupreme Court of the United States · 1987
  3. Russello v. United StatesSupreme Court of the United States · 1983
  4. Michael Kapral v. United StatesCourt of Appeals for the Third Circuit · 1999
  5. Sorenson v. Secretary of the TreasurySupreme Court of the United States · 1986

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3Cited by52 opinions

  1. Clay v. United StatesSupreme Court of the United States · 2003
  2. Carl D. Bond v. Michael W. MooreCourt of Appeals for the Eleventh Circuit · 2002
  3. United States v. Hicks, Eric A.Court of Appeals for the D.C. Circuit · 2002
  4. Michael Donald Dodd v. United StatesCourt of Appeals for the Eleventh Circuit · 2004
  5. Derman v. United StatesCourt of Appeals for the First Circuit · 2002

47 more not listed; retrieve them via the Exa API.

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