United States v. George Harper

22 F. App'x 681

• Court: Court of Appeals for the Eighth Circuit
• Decided: December 5, 2001
• Docket: 01-1516
• Status: Unpublished

Opinion

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, 120 S.Ct. 2348, 147 L.Ed.2d 435 (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 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.

1 . The Honorable Charles R. Wolle, United States District Judge for the Southern District of Iowa.