IN RE CLEMMONS

No. 00-3941.

259 F.3d 489 (2001)

In re: Michael A. Clemmons, Movant.

United States Court of Appeals, Sixth Circuit.

Decided and Filed: August 1, 2001 Pursuant to Sixth Circuit Rule 206


Attorney(s) appearing for the Case

ARGUED: Steven L. Lane, KING & SPALDING, Washington, D.C., for Appellant.

Terry Lehmann, ASSISTANT UNITED STATES ATTORNEY, Cincinnati, Ohio, for United States of America.

ON BRIEF: Steven L. Lane, KING & SPALDING, Washington, D.C., for Appellant.

Before: JONES, SILER, and GILMAN, Circuit Judges.


OPINION

SILER, Circuit Judge.

Previously convicted of a drug conspiracy involving cocaine and cocaine base, Movant Michael A. Clemmons seeks permission to file a second motion to vacate under 28 U.S.C. §§ 2244 and 2255. He asserts that the district court violated his rights under Apprendi v. New Jersey, 530 U.S. 466, 120 S.Ct. 2348, 147 L.Ed.2d 435 (2000), when it rather than the jury determined the amount...

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