Legal Opinion
In Re Michael A. CLEMMONS, Movant
Court of Appeals for the Sixth Circuit
Decided August 1, 2001No. 00-3941PublishedCited by 64 opinions
1Opinion of the Court
OPINION
SILER, Circuit Judge.
Previously convicted of a drug conspiracy involving cocaine and cocaine base, Movant Michael A. Clemmons seeks permission to file a second motion to vacate under 28 U.S.C. §§ 2244 and 2255. He asserts that the district court violated his rights under Apprendi v. New Jersey, 530 U.S. 466, 120 S.Ct. 2348, 147 L.Ed.2d 435 (2000), when it rather than the jury determined the amount of drugs attributable to him for sentencing. Clemmons contends that he can present a prima, facie case that Apprendi is “a new rule of constitutional law, made retroactive to cases on…
2Cases cited23 opinions
- Apprendi v. New JerseySupreme Court of the United States · 2000
- Teague v. LaneSupreme Court of the United States · 1989
- Bailey v. United StatesSupreme Court of the United States · 1995
- Jones v. United StatesSupreme Court of the United States · 1999
- Cage v. LouisianaSupreme Court of the United States · 1990
18 more not listed; retrieve them via the Exa API.
3Cited by64 opinions
- Oleson v. United StatesCourt of Appeals for the Sixth Circuit · 2001
- Kevin Antonio Goode v. United StatesCourt of Appeals for the Sixth Circuit · 2002
- United States v. Michael L. JacksonCourt of Appeals for the Sixth Circuit · 2006
- Truss v. DavisCourt of Appeals for the Sixth Circuit · 2004
- Copeland v. HemingwayCourt of Appeals for the Sixth Circuit · 2002
59 more not listed; retrieve them via the Exa API.