United States v. Brown

Thomas Charles Brown appeals from the district court’s denial of his initial petition for relief under 28 U.S.C. § 2255. Brown argues that his sentence should be vacated because of the rule announced in Apprendi v. New Jersey, 530 U.S. 466, 120 S.Ct. 2348, 147 L.Ed.2d 435 (2000). We hold that the new rule of criminal procedure announced in Apprendi does not apply retroactively on initial collateral review and affirm the district court’s dismissal of Brown’s habeas petition.

I

Thomas Charles Brown was charged by indictment on July 29, 1993, with conspiracy to possess with the intent to…