Court of Appeals for the Second Circuit May 7, 2003, Docket 01-2263 (William T. Coleman v. United States)

Judge B.D. PARKER, JR., concurs in the judgment in a separate opinion.

SACK, Circuit Judge.

Petitioner-Appellant William Coleman appeals from a judgment of the United States District Court for the District of Vermont (William K. Sessions III, Judge) denying Coleman’s motion to vacate his sentence pursuant to 28 U.S.C. § 2255. He raises two questions: (1) whether Apprendi v. New Jersey, 530 U.S.