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U.S. v. GIBBS

No. Crim.A. 96-539-2, No. Civ.A. 00-3989.

125 F.Supp.2d 700 (2000)

UNITED STATES of America v. Terrence GIBBS.

United States District Court, E.D. Pennsylvania.

December 19, 2000.

Attorney(s) appearing for the Case

Frank A. Labor, III, Assistant U.S. Attorney, Philadelphia, PA, for U.S.

Paul Hetznecker, Law Offices of Hetznecker & Meehan, Edward F. Borden, Jr., Earp Cohn, P.C., Philadelphia, PA, for Terrence Gibbs.

Terrence Gibbs, Beaumont, TX, Pro se.

MEMORANDUM

BARTLE, District Judge.

Before the court is the pro se motion of Terrence Gibbs ("Gibbs") under 28 U.S.C. § 2255 to vacate, set aside, or correct sentence. While Gibbs raises a number of issues, the significant question presented is whether 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), is to be given retroactive application...

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