William T. Coleman v. United States

Judge B.D. PARKER, JR., concurs in the judgment in a separate opinion.

SACK, Circuit Judge.

Petitioner-Appellant William Coleman appeals from a judgment of the United States District Court for the District of Vermont (William K. Sessions III, Judge) denying Coleman’s motion to vacate his sentence pursuant to 28 U.S.C. § 2255. He raises two questions: (1) whether Apprendi v. New Jersey, 530 U.S. 466, 120 S.Ct. 2348, 147 L.Ed.2d 435 (2000), applies retroactively to initial section 2255 motions for habeas relief; and if so, (2) whether Coleman’s sentence violated Apprendi insofar as it was a…