United States v. Wade Allen Wheat

1 The Honorable Charles R. Wolle, United States District Judge for the Southern
District of Iowa.
United States Court of Appeals
FOR THE EIGHTH CIRCUIT
___________
No. 01-1516
___________
United States of America, *
*
Appellee, *
* Appeal from the United States
v. * District Court for the Southern
* District of Iowa
George Harper, *
* [UNPUBLISHED]
Appellant. *
___________
Submitted: November 14, 2001
Filed: December 5, 2001
___________
Before BYE, RICHARD S. ARNOLD, and RILEY, Circuit Judges.
___________
PER CURIAM.
The district court 1 dismissed as time-barred George Harper's initial 28 U.S.C.
§ 2255 motion, which sought retroactive application of Apprendi v. New Jersey, 530
U.S. 466 (2000). We subsequently determined that Apprendi may not be applied
retroactively to initial § 2255 motions. United States v. Moss, 252 F.3d 993, 997 (8th

-- 1 of 2 --

-2-
Cir. 2001); see also Murphy v. United States, 268 F.3d 599, 601 (8th Cir. 2001)
(applying Moss); Jarrett v. United States, 266 F.3d 789, 791 (8th Cir. 2001) (same).
Our decision in Moss is fatal to Harper's Apprendi claim. We therefore affirm
the district court's dismissal of Harper's § 2255 motion.
A true copy.
Attest:
CLERK, U.S. COURT OF APPEALS, EIGHTH CIRCUIT.

-- 2 of 2 --