United States Court of Appeals
                            FOR THE EIGHTH CIRCUIT
                                   ___________

                                   No. 01-1516
                                   ___________

United States of America,               *
                                        *
             Appellee,                  *
                                        * Appeal from the United States
      v.                                * District Court for the Southern
                                        * District of Iowa
George Harper,                          *
                                        * [UNPUBLISHED]
             Appellant.                 *
                                   ___________

                             Submitted: November 14, 2001

                                  Filed: December 5, 2001
                                   ___________

Before BYE, RICHARD S. ARNOLD, and RILEY, Circuit Judges.
                           ___________

PER CURIAM.

      The district court1 dismissed as time-barred George Harper's initial 28 U.S.C.
§ 2255 motion, which sought retroactive application of Apprendi v. New Jersey, 

(2000). We subsequently determined that Apprendi may not be applied
retroactively to initial § 2255 motions. United States v. Moss, 

, 997 (8th




      1
       The Honorable Charles R. Wolle, United States District Judge for the Southern
District of Iowa.
Cir. 2001); see also Murphy v. United States, 

, 601 (8th Cir. 2001)
(applying Moss); Jarrett v. United States, 

, 791 (8th Cir. 2001) (same).

       Our decision in Moss is fatal to Harper's Apprendi claim. We therefore affirm
the district court's dismissal of Harper's § 2255 motion.

      A true copy.

            Attest:

                CLERK, U.S. COURT OF APPEALS, EIGHTH CIRCUIT.




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