United States v. George Harper , 22 F. App'x 681 ( 2001 )


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  •                      United States Court of Appeals
    FOR THE EIGHTH CIRCUIT
    ___________
    No. 01-1516
    ___________
    United States of America,               *
    *
    Appellee,                  *
    * Appeal from the United States
    v.                                * District Court for the Southern
    * District of Iowa
    George Harper,                          *
    * [UNPUBLISHED]
    Appellant.                 *
    ___________
    Submitted: November 14, 2001
    Filed: December 5, 2001
    ___________
    Before BYE, RICHARD S. ARNOLD, and RILEY, Circuit Judges.
    ___________
    PER CURIAM.
    The district court1 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
    (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
    1
    The Honorable Charles R. Wolle, United States District Judge for the Southern
    District of Iowa.
    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.
    A true copy.
    Attest:
    CLERK, U.S. COURT OF APPEALS, EIGHTH CIRCUIT.
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