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U.S. v. Moss, No. 99-3169 (8th Cir.) (252 F.3d 993) (June 11, 2001) (Judge David R. Hansen)

Here, over the dissent of Judge Richard S. Arnold, the Court held that Apprendi presents a "new rule of constitutional law" that is not a "watershed" decision and thus petitioners may not raise Apprendi claims retroactively on collateral review.

In this case, the majority held (over the dissent of Judge …

 

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