Hughes v. United States

Petitioner, convicted of brandishing a firearm during a crime of violence, applied for an order granting him authorization to file a second or successive habeas corpus motion to vacate his sentence pursuant to Alleyne v. United States. Alleyne created a new rule of constitutional law, made retroactive to cases on collateral review by the Supreme Court, that was previously unavailable. The court joined its sister circuits in holding that the Supreme Court has not made Alleyne expressly retroactive to cases on collateral review. Petitioner failed to show that Alleyne was made retroactive by multiple Supreme Court holdings. Accordingly, the court denied the application. View "Hughes v. United States" on Justia Law