Larry Kerr v. United States

United States Court of Appeals
FOR THE EIGHTH CIRCUIT
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No. 01-2422
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Larry Curtis Kerr, *
*
Appellant, *
* Appeal from the United States
v. * District Court for the
* Eastern District of Missouri.
United States of America, * [UNPUBLISHED]
*
Appellee. *
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Submitted: June 10, 2002
Filed: June 26, 2002
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Before WOLLMAN, RICHARD S. ARNOLD, and LOKEN, Circuit Judges.
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PER CURIAM.
Larry Curtis Kerr appeals from the district court’s1 dismissal of his petition for
relief under 28 U.S.C. § 2255. Kerr filed this petition more than one year after his
conviction became final, and thus it is outside the limitations period found in §
2255(1). Kerr contends that Apprendi v. New Jersey, 530 U.S. 466 (2000), created
a watershed rule of constitutional law that should be applied retroactively, thus
allowing him to file within one year of the date of that decision pursuant to § 2255(3).
1
The Honorable Catherine D. Perry, United States District Judge for the Eastern
District of Missouri.
In United States v. Moss, 252 F.3d 993, 997 (8th Cir. 2001), we held that Apprendi
should not be applied retroactively on collateral review. Kerr recognizes that Moss
bars his claim, but contends that we should revisit Moss because it was wrongly
decided. One panel of this court may not overrule another panel, and thus we are
bound by Moss. Jarrett v. United States, 266 F.3d 789, 791 (8th Cir. 2001); United
States v. Reynolds, 116 F.3d 328, 329 (8th Cir. 1997). Accordingly, the order of
dismissal is affirmed.
A true copy.
Attest:
CLERK, U.S. COURT OF APPEALS, EIGHTH CIRCUIT.
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