Levan v. United States

OPINION AND ORDER

VAN ANTWERPEN, District Judge.

Presently before this Court is the motion of Paul S. Levan (“Petitioner” or “Le-van”) to vacate, set aside, or correct his sentence pursuant to 28 U.S.C. § 2555, which was filed on April 25, 2000. For the reasons set forth below, this motion will be denied. Our review of the case leads us to consider whether the recent decision of Apprendi v. New Jersey, 530 U.S. 466, 120 S.Ct. 2348, 147 L.Ed.2d 435 (2000), applies on collateral attack.

I. BACKGROUND

On May 1, 1997, Levan was arrested by agents of the Drug Enforcement Agency (“DEA”) on a charge of…