District Court, N.D. New York December 27, 2000, No. 89-CR-0186 (United States v. Moore)

MEMORANDUM — DECISION & ORDER

McAVOY, District Judge.

Defendant moves pursuant to former Fed. R.Crim.P. 35(a) claiming that, in light of Apprendi v. New Jersey, 530 U.S. 466, 120 S.Ct. 2348, 147 L.Ed.2d 435 (2000), his conviction and sentence is illegal and subject to correction.

Defendant may not proceed under either the former or current versions of Rule 35(a).