ISHMAEL HARRIS Petitioner-Appellant, v. JOHN NASH Defendant-Appellee. x, (2nd Cir. 2000)
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UNITED STATES COURT OF APPEALS FOR THE SECOND CIRCUIT SUMMARY ORDER THIS SUMMARY ORDER WILL NOT BE PUBLISHED IN THE FEDERAL REPORTER AND MAY NOT BE CITED AS PRECEDENTIAL AUTHORITY TO THIS OR ANY OTHER COURT, BUT MAY BE CALLED TO THE ATTENTION OF THIS OR ANY OTHER COURT IN A SUBSEQUENT STAGE OF THIS CASE, IN A RELATED CASE, OR IN ANY CASE FOR PURPOSES OF COLLATERAL ESTOPPEL OR RES JUDICATA.
At a stated term of the United States Court of Appeals for the Second Circuit, held at the United States Courthouse, Foley Square, in the City of New York, on the 6th day of October two thousand.
PRESENT:
Joseph M. McLaughlin, José A. Cabranes, Robert A. Katzmann, Circuit Judges.
ISHMAEL HARRIS Petitioner-Appellant, -v.- No. 00-2016
JOHN NASH Defendant-Appellee.
Appeal from a judgment of the United States District Court for the Northern District of New York (Lawrence E. Kahn, Judge).
UPON DUE CONSIDERATION, IT IS HEREBY ORDERED, ADJUDGED, AND DECREED that the judgment of said District Court be and it hereby is AFFIRMED, without prejudice to assertion of claims under Apprendi v. New Jersey, 530 U.S.
, 120 S.Ct. 2348
(2000), by filing another § 2241 petition in the District Court after another panel of this court resolves the pending § 2255 appeal. In affirming in these terms, we intimate no view on the viability or timeliness of any arguable § 2241 petition that Harris may file in the District Court in the future.
For the reasons stated above, the judgment of the District Court is AFFIRMED.
For the Court, Roseann B. MacKechnie, Clerk By:
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