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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 § 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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