United States v. Andre Swinton

OPINION OF THE COURT

SLOVITER, Circuit Judge.

The issue presented in this appeal is whether the rule of law announced by the Supreme Court in Apprendi v. New Jersey, 530 U.S. 466, 120 S.Ct. 2348, 147 L.Ed.2d 435 (2000), applies retroactively to cases on collateral review. The courts of appeals that have considered the issue have uniformly held that Apprendi does not apply retroactively to cases on collateral review. We also so hold. See also United States v. Jenkins, 333 F.3d 151 (3d Cir.2003).

I

BACKGROUND

Appellant Andre Swinton was charged with various drug offenses in a six-count superseding…