McCOY v. UNITED STATES

No. 00-16434.

266 F.3d 1245 (2001)

Chester McCOY, Petitioner-Appellant, v. UNITED STATES of America, Respondent-Appellee.

United States Court of Appeals, Eleventh Circuit.

September 25, 2001.


Attorney(s) appearing for the Case

Kathleen M. Williams, Federal Public Defender, Sharon M. Medeiros, Miami, FL, Brenda G. Bryn, Fort Lauderdale, FL, for Petitioner-Appellant.

Anne R. Schultz, Dawn Bowen, Harriet Galvin, Asst. U.S. Atty., Miami, FL, for Respondent-Appellee.

Before BARKETT and HULL, Circuit Judges, and LIMBAUGH, District Judge.


HULL, Circuit Judge:

Asserting Apprendi errors, Chester McCoy appeals the district court's order dismissing his initial motion to vacate, filed pursuant to 28 U.S.C. § 2255. After review, we affirm. In doing so, we hold that McCoy's Apprendi claims in his initial § 2255 motion are not jurisdictional and are barred by Teague's non-retroactivity standard. Additionally, we hold that because McCoy did not raise his Apprendi claims...

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