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U.S. v. BROWN

No. 01-10116.

305 F.3d 304 (2002)

UNITED STATES of America, Plaintiff-Appellee, v. Thomas Charles BROWN, aka Big One, Defendant-Appellant.

United States Court of Appeals, Fifth Circuit.

September 5, 2002.

Attorney(s) appearing for the Case

Chad Eugene Meacham, Dallas, TX, for Plaintiff-Appellee.

Peter Michael Fleury, Asst. Federal Public Defender, Fort Worth, TX, for Defendant-Appellant.

Before DAVIS, SMITH and BENAVIDES, Circuit Judges.

PER CURIAM:

Thomas Charles Brown appeals from the district court's denial of his initial petition for relief under 28 U.S.C. § 2255. Brown argues that his sentence should be vacated because of the rule announced in Apprendi v. New Jersey, 530 U.S. 466, 120 S.Ct. 2348, 147 L.Ed.2d 435 (2000). We hold that the new rule of criminal procedure announced in Apprendi does not apply retroactively on initial collateral review...

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