Opinion
Case No. 1:96-cr-00020-MP-AK.
April 25, 2006
ORDER
This matter is before the Court on Doc. 452, Motion for Reconsideration of Doc. 441, Order denying two previous motions to reconsider. Mr. Everett's current motion for reconsideration is yet another attempt to collaterally attack his sentence based on Apprendi. As the Court has stated in each of the previous orders, Apprendi does not apply retroactively on collateral review. In re Dean, 375 F.3d 1287 (11th Cir. 2004), citingMcCoy v. United States, 266 F.3d 1245, 1256-58 (11th Cir. 2001) (holding that Apprendi is not retroactive to cases on collateral review). Accordingly, the motion for reconsideration (doc. 452) is denied.
DONE AND ORDERED.