Turner v. United States

OPINION AND ORDER TRANSFERRING SECOND § 2255 MOTION TO COURT OF APPEALS FOR CERTIFICATION DETERMINATION

ROSEN, District Judge.

I. INTRODUCTION

By motion filed on October 31, 2000, Petitioner Elmo Turner seeks relief under 28 U.S.C. § 2255, arguing that his 168-month term of imprisonment imposed by this Court on March 16, 1995 runs afoul in various respects of the Supreme Court’s recent decision in Apprendi v. New Jersey, 530 U.S. 466, 120 S.Ct. 2348, 147 L.Ed.2d 435 (2000). In particular, Petitioner argues (i) that his indictment was jurisdic-tionally defective for lack of specific drug…