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Quoc Thai Minh Thuy v. United States

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Opinion
151 L. Ed. 2d 445 · Supreme Court of the United States · Nov 13, 2001
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Quoc Thai Minh Thuy v. United States
Supreme Court of Florida · May 6, 2004
D. Nebraska · Oct 9, 2003
Third Circuit · Sep 18, 2003
Parentheticals
holding that Apprendi rule does not apply retroactively on collateral review
holding claims pursuant to Apprendi v. New Jersey, 530 U.S. 466, 120 S.Ct. 2348, 147 L.Ed.2d 435 (2000), are not cognizable on collateral review
"The first exception clearly does not apply here because Apprendi did not place drug conspiracies beyond the scope of the state's authority to proscribe."
"The first exception clearly does not apply here because Apprendi did not place drug conspiracies beyond the scope of the state’s authority to proscribe.”
all holding that 28 U.S.C. § 2244(b)(3)(C), which requires a retroactivity determination to be made by the Supreme Court itself, does not apply to initial petitions