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Ashley v. U.S., No. 01-1733 (7th Cir.) (266 F.3d 671) (September 12, 2001) (Judge Frank H. Easterbrook)

Here the Court remanded a habeas appeal back to the district court because it had dismissed the appeal as untimely without reaching a conclusion whether Apprendi applies retroactively to collateral attacks.

In this case, the Seventh Circuit found that the Supreme Court's decision in Apprendi v. New Jersey, 530 U.S. …

 

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