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01-1733 Ashley v. U.S.

"The district court dismissed Ashley's petition as untimely without reaching a conclusion about whether Apprendi applies retroactively to collateral attacks. We therefore issue a certificate of appealability, for given Apprendi the underlying constitutional claim must be deemed 'substantial' for purposes of 28 U.S.C. sec.2253(c)(2). See Slack v. McDaniel, 529 U.S. 473, 483-85 (2000). We remand ...

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