United States v. Dickey ( 2002 )

IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
No. 00-41182
Conference Calendar
UNITED STATES OF AMERICA,
Plaintiff-Appellee,
versus
LARRY WILSON DICKEY,
Defendant-Appellant.
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Appeal from the United States District Court
for the Southern District of Texas
USDC No. G-00-CV-131
USDC No. G-94-CR-8-1
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December 12, 2002
Before JOLLY, JONES, and CLEMENT, Circuit Judges.
PER CURIAM:*
The district court granted Larry Wilson Dickey, federal
inmate #66249-079 a certificate of appealability (“COA”) on the
issue whether in light of Apprendi v. New Jersey, 530 U.S. 466(2000), Dickey’s enhanced sentence was unconstitutionally
calculated by the district court.
Dickey was convicted by a jury of aiding and abetting the
manufacture of methamphetamine, aiding and abetting possession
*
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that this opinion should not be published and is not precedent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.
No. 00-41182
-2-
with intent to distribute methamphetamine, being a felon in
possession of firearms, and possession of an unregistered
firearm. Dickey was sentenced to concurrent sentences of life
imprisonment for the methamphetamine convictions and concurrent
120-month sentences for the firearm convictions.
In United States v. Brown, 305 F.3d 304, 310 (5th Cir.
2002), we held that Apprendi is not retroactively applicable to
an initial 28 U.S.C. § 2255 motion. Dickey’s Apprendi argument
is thus foreclosed by Brown.
Dickey’s challenge to the dismissal of his 28 U.S.C. § 2255motion as time-barred, argued for the first time in his reply
brief, is not considered. Glover v. Hargett, 56 F.3d 682, 685
n.4 (5th Cir. 1995). Accordingly, the judgment of the district
court is AFFIRMED.