San-Miguel v. Dove, No. 01-6115 (4th Cir.) (291 F.3d 257) (May 21, 2002) (Judge J. Harvie III Wilkinson)
Both of the defendants in this consolidated appeal were convicted long before Apprendi was decided and both pursued direct appeals in which they did not raise any Apprendi claims. Instead, both petitioners raised their Apprendi claims for the first time in their respective ยง 2241 habeas petitions. The respective district ...
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