United States Ninth Circuit

Motion for certification to file a second or successive 28 U.S.C. Section 2255 motion to set aside sentence imposed under the Armed Career Criminal Act is denied where: 1) when a motion pursuant to 28 U.S.C. Section 2255(h) to file a second or successive petition presents a complex issue, the court may exceed the thirty-day time limit set forth in Section 2244(b)(3)(D) for granting or denying authorization; and 2) the U.S. Supreme Court did not announce a new rule of constitutional law in Descamps v. US, 133 S.Ct. 2276 (2013), but rather clarified application of the ACCA in light of existing precedent.

Appellate Information

• Decided 01/23/2015
• Published 01/23/2015

Judges

• Tallman

Court

• United States Ninth Circuit

Counsel