Docket No. 01-2263.

329 F.3d 77 (2003)

William T. COLEMAN, Petitioner-Appellant, v. UNITED STATES of America, Respondent-Appellee.

United States Court of Appeals, Second Circuit.

Decided: May 7, 2003.

Attorney(s) appearing for the Case

Devin McLaughlin, Langrock Sperry and Wool, Middlebury, VT (Peter F. Langrock, of counsel), for Petitioner-Appellant.

David V. Kirby, United States Attorney for the District of Vermont, Burlington, VT, for Respondent-Appellee.

Before: WALKER, Chief Judge, SACK, and B.D. PARKER, Circuit Judges.

Judge B.D. PARKER, JR., concurs in the judgment in a separate opinion.

SACK, Circuit Judge.

Petitioner-Appellant William Coleman appeals from a judgment of the United States District Court for the District of Vermont (William K. Sessions III, Judge) denying Coleman's motion to vacate his sentence pursuant to 28 U.S.C. § 2255. He raises two questions: (1) whether Apprendi v. New Jersey, 530 U.S. 466, 120 S...

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