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U.S. v. SWINTON

No. 01-1004.

333 F.3d 481 (2003)

UNITED STATES of America v. Andre SWINTON, Appellant.

United States Court of Appeals, Third Circuit.

Filed June 23, 2003.

Attorney(s) appearing for the Case

David Rudovsky, Kairys, Rudovsky, Epstein & Messing, Philadelphia, PA, for Appellant.

Patrick L. Meehan, United States Attorney, Laurie Magid, Deputy United States Attorney for Policy and Appeals, Craig Margolis, Assistant United States Attorney, Robert A. Zauzmer, Assistant United States Attorney, Senior Appellate Counsel, Robert K. Reed, Office of United States Attorney, Philadelphia, PA, for Appellee.

Before SLOVITER, McKEE, and ROSENN, Circuit Judges.

Submitted Under Third Circuit LAR 34.1(a) December 19, 2002.

OPINION OF THE COURT

SLOVITER, Circuit Judge.

The issue presented in this appeal is whether the rule of law announced by the Supreme Court in Apprendi v. New Jersey, 530 U.S. 466, 120 S.Ct. 2348, 147 L.Ed.2d 435 (2000), applies retroactively to cases on collateral review. The courts of appeals that have considered the issue have uniformly held that...

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