United States v. Edmondson

* Pursuant to 5TH CIR. R. 47.5, the court has determined
that this opinion should not be published and is not precedent
except under the limited circumstances set forth in 5TH CIR.
R. 47.5.4.
United States Court of Appeals
Fifth Circuit
F I L E D
April 24, 2003
Charles R. Fulbruge III
Clerk
IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
No. 02-40714
Conference Calendar
UNITED STATES OF AMERICA,
Plaintiff-Appellee,
versus
SAMUEL PASQUAL EDMONDSON,
Defendant-Appellant.
--------------------
Appeal from the United States District Court
for the Eastern District of Texas
USDC No. 4:00-CV-356
USDC No. 4:96-CR-63-1
--------------------
Before DAVIS, BARKSDALE, and STEWART, Circuit Judges.
PER CURIAM:*
Samuel Pasqual Edmondson, federal prisoner # 05102-010,
appeals the district court’s denial of his 28 U.S.C. § 2255
motion. He asserts that although Apprendi v. New Jersey, 530
U.S. 466 (2000), was decided after his conviction became final,
it effected a substantive change in criminal law and is
applicable to his case. Apprendi is not retroactively applicable

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No. 02-40714
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to cases on collateral review. See United States v. Brown, 305
F.3d 304, 305-09 (5th Cir. 2002), petition for cert. filed (U.S.
Feb. 3, 2003)(No. 02-9606). The argument is foreclosed by the
law of this circuit. Brown, 305 F.3d at 305-09. The judgment of
the district court is therefore AFFIRMED.

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