United States of America v. Lamont Gentry Falls

United States Court of Appeals
FOR THE EIGHTH CIRCUIT
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No. 00-2456
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United States of America,
Appellee,
v.
Lamont Gentry Falls,
Appellant.
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Appeal from the United States
District Court for the Southern
District of Iowa.
[UNPUBLISHED]
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Submitted: September 13, 2000
Filed: October 30, 2000
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Before BEAM, HANSEN, and BYE, Circuit Judges.
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PER CURIAM.
This case initially came before the court on appellant's application for a
certificate of appealability from the district court's denial of his 28 U.S.C. § 2255
motion and on appeal from a denial of appellant's motion for recusal. We denied the
application and summarily affirmed the district court's denial of the recusal motion.
Appellant thereafter filed a motion for a limited remand in order to raise a new claim
for relief before the district court in light of the Supreme Court's decision in Apprendi
v. New Jersey, 120 S. Ct. 2348 (2000).

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We construe appellant's motion for limited remand as a motion for leave to file
a second or successive § 2255 motion. In our recent decision in Rodgers v. United
States, No. 00-2916 (8th Cir. Oct. 13, 2000), we held that an Apprendi claim is
unavailable in a second or successive § 2255 motion because the Supreme Court has
not made the constitutional rule announced in Apprendi applicable to cases on
collateral review. Based on our reasoning in Rodgers, we deny appellant's motion
without prejudice. Should the Supreme Court later provide that Apprendi is retroactive,
appellant may again seek leave to file a second or successive § 2255 motion before the
district court raising his Apprendi claim.
A true copy.
Attest:
CLERK, U.S. COURT OF APPEALS, EIGHTH CIRCUIT

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