[DOWNLOAD] "Hernandez v. United States" by Seventh Circuit U.S. Court of Appeals " eBook PDF Kindle ePub Free

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eBook details

• Title: Hernandez v. United States
• Author : Seventh Circuit U.S. Court of Appeals
• Release Date : January 01, 2000
• Genre: Law,Books,Professional & Technical,
• Pages : * pages
• Size : 55 KB

Description

On Motion for an Order Authorizing the District Court To Entertain a Second or Successive Motion for Collateral Review. Submitted August 18, 2000 As he is required to do under 28 U.S.C. sec. 2244(b)(3), Salvador Hernandez has applied for an order from this court authorizing the district court to consider a second or successive motion for collateral review under 28 U.S.C. sec. 2255. In his proposed motion, he wishes to argue that the Supreme Court's recent decision in Apprendi v. New Jersey, 120 S. Ct. 2348 (2000), announces a new rule of constitutional law that should apply to his case, implicitly invoking 28 U.S.C. sec. 2255 para. 8(2). See also Castillo v. United States, 120 S. Ct. 2090 (2000). There are two problems with this position: first, the Supreme Court has not yet had an occasion to consider whether Apprendi should be applied retroactively to cases on collateral attack (another requirement of sec. 2255 para. 8(2)), and second, there is no Apprendi problem in any event in Hernandez's particular case. We explain both of these points briefly, and deny Hernandez's application.

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