Timothy J. O'Meara v. Warden Robert Feneis

SMITH, Circuit Judge.

Timothy J. O’Meara appeals the denial of a writ of habeas corpus. O’Meara was convicted of two counts of second-degree criminal sexual assault in Minnesota state court in April 2000. O’Meara failed to timely file a direct appeal. O’Meara did, however, obtain postconviction relief from the Minnesota Supreme Court, which remanded O’Meara’s case for resentencing based upon Apprendi v. New Jersey, 530 U.S. 466, 120 S.Ct. 2348, 147 L.Ed.2d 435 (2000). Before O’Meara’s resentencing, the Supreme Court of the United States decided in Blakely v. Washington that an upward departure…