The
address for the Boycott Brazil homepage is:http://brazilboycott.org
May 1, 2001, (as to Criminal No. 3-76-54, District Court), "OPPOSITION OF THE UNITED STATES TO PETITION'S APPLICATION TO FILE SUCCESSIVE SECTION 2255 PETITION," in LAMBROS vs. U.S., No. 01-1954MN, Eighth Circuit Court of Appeals. Cover letter and motion are a total of two (2) pages.
On U.S. Department of Justice letterhead
Dated: May 1, 2001
Mr. Michael Gans, Clerk U.S. Court of Appeals for the Eighth Circuit Clerks office Thomas F. Eagleton Court House Room 24.329, 111 S. loth Street St. Louis, Missouri 63102
Re: John Gregory Lambros v. United States
Eighth Circuit No. 01-1954MN
Dear Mr. Gans:
Enclosed please f ind an original and three copies of the Opposition of the United States to Petitioner's Application to file Successive Section 2255 Petition.
Petitioner is also being served by copy of this letter and its enclosures.
Respectfully submitted,
B TODD JONES
United States Attorney
BY: JEFFREY S. PAULSEN
Assistant U.S. Attorney
Attorney ID Number 144332
JSP: ama
Enclosures
CC: John G. Lambros
Registration Number 00436-124
US Penitentiary Leavenworth
P.O. Box 1000
Leavenworth, KS 66048-1000
End of page 1
UNITED STATES COURT OF APPEALS
FOR THE EIGHTH CIRCUIT
No. 01-1954MN
JOHN GREGORY LAMBROS
Appellant,
v.
UNITED STATES OF AMERICA,
Appelle
OPPOSITION OF THE UNITED STATES TO PETITION'S APPLICATION TO FILE SUCCESSIVE SECTION 2255 PETITION
Petitioner John Gregory Lambros seeks to file a successive petition under 28 U.S.C. 2255 challenging his drug conviction. Specifically, he seeks to raise a claim based on the Supreme Court's recent decision in Apprendi v. New Jersey , 120 U.S. 2348 (2000). It is undisputed that this would be a successive section 2255 petition.
Petitioner's motion to file a successive section 2255 petition should be denied. This Court already has held that, "because the Supreme Court has not made Apprendi retroactive,., to cases on collateral review, [a petitioner] is barred from raising the issue in a second or successive § 2255 motion." Abdullah v. United States, 240 F.3d 683, 687 (8th Cir. 2001); See also Rodgers v. United States, 229 F.3d 704, 706 (8th Cir. 2000).
Dated: May 1, 2001
Respectfully submitted,
ROBERT M. SMALL
United States Attorney
JEFFREY S. PAULSEN
Assistant U.S. Attorney
Attorney ID Number 144332
The
address for the Boycott Brazil homepage is:
For more information write (snail mail) JOHN GREGORY LAMBROS directly at:JOHN GREGORY LAMBROS
Prisoner No. 00436-124
U. S. Penitentiary Leavenworth
PO Box 1000
Leavenworth, KS 66048-1000
USATHANK YOU FOR YOUR SUPPORT AND ASSISTANCE IN MY BOYCOTT OF BRAZILIAN PRODUCTS.