United States Ninth Circuit

Application for an order authorizing a federal offender to file a second or successive motion under 28 U.S.C. section 2255 to vacate his sentence is denied, where the Supreme Court has not made Alleyne v. United States (in which it was held that any fact that increases the mandatory minimum is an element that must be submitted to the jury) retroactive to cases on collateral review.

Appellate Information

• Decided 10/23/2014
• Published 10/23/2014

Judges

• Christen

Court

• United States Ninth Circuit

Counsel