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Berthoff v. U.S., No. Civ. No. 97-10883-WGY (D.Mass.) (140 F.Supp.2d 50) (April 9, 2001) (Judge William G. Young)

Here the Court held that it was without authority to permit the petitioner to amend his ยง 2255 petition to include an Apprendi claim, for a number of reasons including its belief that there were no newly discovered facts supporting the proposed amendment.

Although this case principally dealt with "fact ...

 

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