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U.S. v. CLARK

No. 99-50485.

260 F.3d 382 (2001)

UNITED STATES of America, Plaintiff-Appellee, v. Patrick CLARK, Defendant-Appellant.

United States Court of Appeals, Fifth Circuit.

July 26, 2001.

Attorney(s) appearing for the Case

Joseph H. Gay, Jr., Asst. U.S. Atty., Angela S. Raba, San Antonio, TX, for Plaintiff-Appellee.

Patrick Zedell Clark, Leavenworth, KS, pro se.

Before EMILIO M. GARZA and PARKER, Circuit Judges, and ELLISON, District Judge.

EMILIO M. GARZA, Circuit Judge:

In light of the impact that Apprendi v. New Jersey, 530 U.S. 466, 120 S.Ct. 2348, 147 L.Ed.2d 435 (2000) has wrought in sentencing above maximum statutory limits, we REMAND to the district court to reconsider its ruling denying Patrick Clark an amendment to his § 2255 motion based on futility in light of Apprendi.1

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