Quoc Thai Minh Thuy v. United States

How later courts describe this case

• holding that Apprendi rule does not apply retroactively on collateral review
• holding claims pursuant to Apprendi v. New Jersey, 530 U.S. 466, 120 S.Ct. 2348, 147 L.Ed.2d 435 (2000), are not cognizable on collateral review
• "The first exception clearly does not apply here because Apprendi did not place drug conspiracies beyond the scope of the state’s authority to proscribe.”
• all holding that 28 U.S.C. § 2244(b)(3)(C), which requires a retroactivity determination to be made by the Supreme Court itself, does not apply to initial petitions