United States Second Circuit
Herrera-Gomez v. United States, 14-1166
Petitioner-prisoner's motion for leave to file a successive 28 U.S.C. section 2255 motion to challenge his sentence is denied, where: 1) Peugh v. United States, 133 S. Ct. 2072 (2013), did not announce a new rule of constitutional law that has been made retroactive by the Supreme Court; and 2) to the extent petitioner purports to rely on "new evidence" within the meaning of section 2255(h), he has failed to demonstrate that he exercised due diligence in his search for that evidence and its submission to this Court.
Appellate Information
- Decided 06/17/2014
- Published 06/17/2014
Judges
- PER CURIAM
Court
- United States Second Circuit