United States v. George Harper

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 *682 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. Footnotes [1] The Honorable Charles R. Wolle, United States District Judge for the Southern District of Iowa.