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012807P.pdf   03/20/2002  USA ex rel Ivo Perez  v.  Warden FMC Rochester
   U.S. Court of Appeals Case No:  01-2807
                          and No:  01-2994
   District of Minnesota   
   Habeas - Section 2241. Petitioners may not raise Apprendi claims 
   in section 2241 petition based on notion that remedy under 
   section 2255 is inadequate or ineffective; rather relief is 
   unavailable because Supreme Court has not announced that 
   Apprendi's new rule is retroactive. Other arguments to support 
   use of section 2241 to raise Apprendi claim are rejected.