Derman v. United States

SELYA, Circuit Judge.

In this appeal, petitioner-appellant Herbert Derman challenges the district court’s denial of his application for post-conviction relief. He argues that the Supreme Court’s holding in Apprendi v. New Jersey, 530 U.S. 466, 120 S.Ct. 2348, 147 L.Ed.2d 435 (2000) — announced after we rejected his direct appeal but before the expiration of the time within which he was eligible to apply for a writ of certiorari — • demands that we set aside his conviction. Although his appeal is ably argued and raises intricate issues (including one that has divided our sister circuits and…