general rule is subject to two limited exceptions. New rules of criminal procedure are applied to cases on collateral review if (1) it places “certain kinds of primary, private individual conduct beyond the power of the criminal law-making authority to proscribe” id. at 311, 109 S.Ct. 1060, or (2) it “would be so central to an accurate determination of innocence or guilt,” id. at 313, 109 S.Ct. 1060. The constitutional rule announced in Apprendi simply does not fit within either of these limited exceptions. See Klein v. United States, 125 F.Supp.2d 460 (D.Wyo.2000) (Apprendi rule does not place conduct beyond criminal law making authority or improve the accuracy in determining the guilt or innocence of a defendant); see also United States v. Quarterman, 2000 WL 1862684 (10th Cir.2000) (<HOLDING>). Consequently, because the court finds that
holding that apprendi does not apply retroactively recognizing eleventh circuits opinion in in re joshua 224 f3d 1281 1283 11th cir2000 declining to apply apprendi retroactively on collateral review holding that apprendi does not apply retroactively in florida postconviction proceedings to cases that were final on direct review at the time of the apprendi decision holding that apprendi does not apply retroactively in florida in postconviction proceedings to cases that were final on direct review at the time of the apprendi decision holding that apprendi does not apply on collateral review