United States Court of Appeals
Fifth Circuit
F I L E D
IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT April 11, 2003
Charles R. Fulbruge III
No. 01-50279 Clerk
Summary Calendar
UNITED STATES OF AMERICA,
Plaintiff-Appellee,
versus
CEDRIC TERRANCE JONES,
Defendant-Appellant.
Appeal from the United States District Court
for the Western District of Texas
(W-96-CR-111-1; W-00-CV-103)
Before BARKSDALE, DEMOSS, and BENAVIDES, Circuit Judges.
PER CURIAM:*
Pursuant to a certificate of appealability granted by our
court, Cedric T. Jones, federal prisoner # 79464-077, appeals, pro
se, the denial of his 28 U.S.C. § 2255 motion challenging his
conviction for conspiring to possess crack cocaine with intent to
distribute. (His motion to file an amended opening brief is
GRANTED.)
Relying on Apprendi v. New Jersey, 530 U.S. 466 (2000), and
Jones v. United States, 526 U.S. 227 (1999), Jones maintains the
*
Pursuant to 5TH CIR. R. 47.5, the court has determined that
this opinion should not be published and is not precedent except
under the limited circumstances set forth in 5TH CIR. R. 47.5.4.
district court could not impose an enhanced sentence based on drug
quantity when it was neither alleged in the indictment nor
submitted to the jury as an element of the offense. This legal
issue is reviewed de novo. E.g. United States v. Faubion, 19 F.3d
226, 228 (5th Cir. 1994).
United States v. Brown, 305 F.3d 304, 305-09 (5th Cir. 2002),
held that the new rule of criminal procedure announced in Apprendi
does not apply retroactively on collateral review. Therefore,
Jones’s claim based on Apprendi fails.
Jones was decided while Jones’s appeal was pending. The
nonretroactivity rule announced in Brown is therefore inapplicable.
See Griffith v. Kentucky, 479 U.S. 314, 327-28 (1987). In any
event, Jones is not entitled to relief under Jones. It involved a
question of statutory construction of the federal carjacking
statute, rather than a new principle of constitutional law, and is
therefore inapplicable. See Jones, 526 U.S. at 251 n.11.
MOTION TO FILE AMENDED BRIEF GRANTED; AFFIRMED
2