Brandon v. Quinn

Full title: MYRON GAYLORD BRANDON, Petitioner, v. KENNETH QUINN, Respondent

Court: United States District Court, W.D. Washington, at Tacoma

Date published: Feb 22, 2006

Case No. C05-5417FDB (W.D. Wash. Feb. 22, 2006)

Opinion

Case No. C05-5417FDB.

February 22, 2006

ORDER DENYING CERTIFICATE OF APPEALABILITY

FRANKLIN BURGESS, District Judge

Petitioner filed notice of appeal stating that he was challenging the Court's conclusion regarding Apprendi in his case. The Magistrate Judge concluded and this Court agreed that Apprendi v. New Jersey, 530 U.S. 466 (2000) does not apply retroactively.

ACCORDINGLY, IT IS ORDERED: Certificate of Appealability is DENIED.