United States v. Murray

OPINION

On February 3, 1998, Appellant Otis Murray was convicted of one count of conspiracy to distribute cocaine and/or cocaine base in violation of 21 U.S.C. § 846. His conviction and sentence were affirmed by this Court on appeal, and the mandate was entered on May 30, 2000. However, on September 28, 2000, Murray filed a motion to recall the mandate based upon the United States Supreme Court’s intervening decision in Apprendi v. New Jersey, 530 U.S. 466, 120 S.Ct. 2348, 147 L.Ed.2d 435 (2000). This Court granted Murray’s mo*689tion and remanded the ease to the district court for resentencing in…