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DERMAN v. U.S.

No. 01-2545.

298 F.3d 34 (2002)

Herbert DERMAN, Petitioner, Appellant, v. UNITED STATES of America, Respondent, Appellee.

United States Court of Appeals, First Circuit.

Decided July 25, 2002.

Attorney(s) appearing for the Case

Richard E. Miller, with whom Kurzman Karelsen & Frank, LLP was on brief, for appellant.

Kevin O'Regan, Assistant United States Attorney, with whom Michael J. Sullivan, United States Attorney, and Dina Michael Chaitowitz, Appellate Chief, were on brief, for appellee.

Before SELYA and LYNCH, Circuit Judges, and SCHWARZER, Senior District Judge.

SELYA, Circuit Judge.

In this appeal, petitioner-appellant Herbert Derman challenges the district court's denial of his application for post-conviction relief. He argues that the Supreme Court's holding in Apprendi v. New Jersey, 530 U.S. 466, 120 S.Ct. 2348, 147 L.Ed.2d 435 (2000) — announced after we rejected his direct appeal but before the expiration of the time within which he was eligible to apply for a writ of certiorari...

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