Vargas v. United States

DECISION AND ORDER

MARRERO, District Judge.

On June 19, 2001, Petitioner Nelson Vargas (“Vargas”), acting pro se, filed a petition for a writ of habeas corpus, pursuant to 28 U.S.C. § 2255, to vacate, set aside or correct his sentence, asserting that, in light of the Supreme Court’s decision in Apprendi v. New Jersey, 530 U.S. 466, 120 S.Ct. 2348, 147 L.Ed.2d 435 (2000), he had been improperly sentenced for his offense because the jury that convicted him made no specific findings of the quantity of narcotics involved in his offense. By letter dated November 30, 2001, the Government opposed the…