# Petition for Writ of Certiorari — Lopez v. United States

> Briefs, arguments, decisions, and more.

URL: https://www.frixlaw.com/law-library/documents/brief%3Amicro_IA40386010_1638%3A1

## Record

- **Collection:** Supreme Court brief
- **Document type:** Petition for Writ of Certiorari
- **Published:** January 1, 2002
- **Citation:** 535 U.S. 1035

## Text

Ne”

supreme Court, U.S,

FILED

N 0.911430 423 2002

OFFICE OF THE CLERK

IN THE SUPREME COURT
OF THE UNITED STATES

RAMON LOPEZ,
Petitioner.
Vs.
UNITED STATES OF AMERICA,

Respondent.

PETITION FOR CERTIORARI REVIEW

On Petition for Certiorari to the
United States Court of Appeals
for the Eleventh Circuit

RHONDA A. ANDERSON, ESQ.
RHONDA A. ANDERSON, P.A.
COUNSEL FOR RAMON LOPEZ
2222 PONCE DE LEON BLVD, SUITE 500
CORAL GABLES, FLORIDA 33134
TELEPHONE: (305) 444-1400

QUESTIONS PRESENTED FOR REVIEW

I. Whether, in light of this Court's ruling in Apprendi v. New
Jersey, 530 U.S. 466 (2000), the Petitioner’s initial 28

U.S.C. §

2255 was properly denied and the lower court erred

in refusing to issue a Certificate of Appealability where:

A

The Eleventh Circuit Court failed to acknowledge a
grievous and substantial constitutional violation
where the district court did not have jurisdiction to
sentence the Petitioner because he was sentenced to
life imprisonment for a crime to which he was not
charged by the grand jury and which was not
authorized by the verdict of the petit jury?

The rule in Apprendi that “any fact that increases
the penalty for a crime beyond the statutory
maximum, other than a prior conviction, must be
submitted to a jury and proved beyond a reasonable
doubt,” id. at 530 U.S. 466, is a substantive, rather
than procedural rule and, thus, is not subject to the
non-retroactivity doctrine of Teague v. Lane, 489
U.S. 288 (1989)?

The rule in Apprendi announced a new rule of
constitutional law which falls within the “watershed
exception” to the non-retroactivity doctrine of
Teague v. Lane, 489 U.S. 288, 311 (1989) and, thus,
may be raised on collateral review in an initial 28
U.S.C. § 2255 Motion?

TABLE OF CONTENTS

QUESTIONS PRESENTED FOR REVIEW ..............
TABLE OF CITED AUTHORITIES ..... poe Cees
OPINIONS BELOW |. ois oven ocean ee
FURESOSCTION . .. a
LY bi rg /
RHONDA A. ANDERSON, ESQ.
Counsel for Ramon Lopez

RS

---

Source: Frix Law Library, https://www.frixlaw.com/law-library/documents/brief%3Amicro_IA40386010_1638%3A1. Public record. Not legal advice.