Orona v. United States

Petitioner, convicted of being a felon in possession of ammunition, seeks authorization to file a second or successive 28 U.S.C. 2255 motion raising a claim for relief predicated on Johnson v. United States. The court concluded that petitioner has made a prima facie showing that the claim he asserts in his proposed section 2255 motion relies on “a new rule of constitutional law, made retroactive to cases on collateral review by the Supreme Court, that was previously unavailable.” Therefore, the court granted the application. The court clarified an issue regarding the running of the statute of limitations. The court concluded that the filing of a second or successive application in this court tolls the 1-year statute of limitations, and that the limitations period remains tolled until the court rules on the application. The one caveat is that, to trigger tolling, the application must allege the claim or claims for which authorization to file a second or successive motion is ultimately granted. View "Orona v. United States" on Justia Law