King v. United States

610 F. App'x 825
CourtCourt of Appeals for the Eleventh Circuit
DecidedApril 28, 2015
DocketNo. 13-13693
StatusPublished
Cited by6 cases

This text of 610 F. App'x 825 (King v. United States) is published on Counsel Stack Legal Research, covering Court of Appeals for the Eleventh Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
King v. United States, 610 F. App'x 825 (11th Cir. 2015).

Opinion

PER CURIAM:

Leon King, a federal prisoner proceeding with appointed counsel, appeals the district court’s denial of his 28 U.S.C. § 2255 motion as time-barred. A judge of this Court granted King a certificate of appealability on the following issue:

Whether Mr. King’s 28 U.S.C. § 2255 motion is timely under § 2255(f)(3) because Alleyne v. United States, 570 U.S. -, 133 S.Ct. 2151 [186 L.Ed.2d 314] (2013), and Descamps v. United States, 570 U.S. -, 133 S.Ct. 2276 [186 L.Ed.2d 438] (2013), are retroactively applicable to cases on collateral review.

After careful review, we affirm.

We review de novo the district court’s determination that a § 2255 motion is time-barred. Drury v. United States, 507 F.3d 1295, 1296 (11th Cir.2007). The Anti-terrorism and Effective Death Penalty Act of 1996 (“AEDPA”) imposes a one-year statute of limitations for filing a § 2255 motion that begins to run from the latest of, inter alia, “the date on which the judgment of conviction becomes final,” or “the date on which the right asserted was initially recognized by the Supreme Court, if that right has been newly recognized by the Supreme Court and made retroactively applicable to cases on collateral review.” 28 U.S.C. § 2255(f)(1), (3). Any court may determine that a Supreme Court decision applies retroactively for purposes of § 2255(f)(3). See Dodd v. United States, 365 F.3d 1273, 1278 (11th Cir.2004), aff'd on other grounds, 545 U.S. 353, 125 S.Ct. 2478, 162 L.Ed.2d 343 (2005).

When a Supreme Court decision results in a new constitutional rule, this rule applies to all criminal cases pending on direct review but applies to convictions that are already final only in limited circumstances. See Schriro v. Summerlin, 542 U.S. 348, 351, 124 S.Ct. 2519, 159 L.Ed.2d 442 (2004). In deciding retroactivity issues under § 2255(f)(3), a court must first find whether the Supreme Court decision in question announced a “new rule.” Teague v. Lane, 489 U.S. 288, 300-01, 109 S.Ct. 1060, 103 L.Ed.2d 334 (1989); Howard v. United States, 374 F.3d 1068, 1073-74 (11th Cir.2004). If a court determines that a Supreme Court decision announces a new constitutional rule, it must then determine whether that new rule satisfies an exception to the general prohibition against the retroactive application of new rules to cases on collateral review. See Teague, 489 U.S. at 305-10, 109 S.Ct. 1060. New substantive rules generally apply retroactively, while new rules of criminal procedure generally do not. Schriro, 542 U.S. at 351-52, 124 S.Ct. 2519.

A rule is substantive, as opposed to procedural, if it “narrow[s] the scope of a criminal statute by interpreting its terms” [827]*827or is a “constitutional determination! ] that placets] particular conduct or persons covered by the statute beyond the State’s power to punish.” See id. at 351-54, 124 S.Ct. 2519 (explaining that a new rule modifying the elements of an offense is normally substantive because new elements “alter the range of conduct the statute punishes, rendering some formerly unlawful conduct lawful or vice versa”); see also Bryant v. Warden, FCC Coleman-Medium, 738 F.3d 1253, 1278 (11th Cir.2013). New substantive rules apply retroactively because they “necessarily carry a significant risk that a defendant stands convicted of an act that the law does not make criminal or faces a punishment that the law cannot impose upon him.” Schriro, 542 U.S. at 352, 124 S.Ct. 2519 (quotation omitted).

New rules of criminal procedure, by contrast, are those that “regulate only the manner of determining the defendant’s culpability,” such as by allocating decision-making authority as to who must find the “essential facts bearing on punishment.” Id. at 353, 124 S.Ct. 2519 (emphasis omitted). New rules of procedure “do not produce a class of person convicted of conduct the law does not make criminal, but merely raise the possibility that someone convicted with use of the invalidated procedure might have been acquitted otherwise.” Id. at 352, 124 S.Ct. 2519. Procedural rules thus produce a “more speculative connection to innocence” than do substantive rules, and courts give retroactive effect to “only a. small set of watershed rules of criminal procedure.” Id. (quotation omitted); see Teague, 489 U.S. at 311-12, 109 S.Ct. 1060. The Supreme Court has explained that in order to qualify as a watershed rule, a decision must satisfy two requirements. First, it must “alter our understanding of the bedrock procedural elements essential to the fairness of a proceeding.” Whorton v. Bockting, 549 U.S. 406, 418, 127 S.Ct. 1173, 167 L.Ed.2d 1 (2007) (quotation omitted); see Teague, 489 U.S. at 311, 109 S.Ct. 1060. Second, it must announce a rule “without which the likelihood of an accurate conviction is seriously diminished.” Schriro, 542 U.S. at 352, 124 S.Ct. 2519 (quotation omitted) (emphasis omitted).

In AUeyne, the Supreme Court revisited two of its prior cases: (1) Apprendi v. New Jersey, 530 U.S. 466, 120 S.Ct. 2348, 147 L.Ed.2d 435 (2000), which requires that any fact that increases the penalty for a crime beyond the prescribed statutory maximum, other than the fact of a prior conviction, be submitted to a jury and proved beyond a reasonable doubt; and (2) Harris v. United States, 536 U.S. 545, 122 S.Ct. 2406, 153 L.Ed.2d 524 (2002), which held that judicial factfinding that increased the applicable statutory mandatory minimum sentence was permissible under the Sixth Amendment. See Alleyne, 133 S.Ct. at 2157-58. In AUeyne, the Supreme Court expressly overturned Harris because it was inconsistent with its decision in Apprendi, and it determined that any facts that, by law, increase the applicable statutory mandatory minimum sentence for a crime constitutes an element of the crime that must be submitted to a jury and found beyond a reasonable doubt. Id. at 2155, 2163.

In Jeanty v. Warden, FCI-Miami, we said that “AUeyne does not apply retroactively on collateral review.” 757 F.3d 1283, 1285 (11th Cir.2014) (reviewing the denial of a 28 U.S.C. § 2241 petition and the application of § 2255(e)’s savings clause). We explained that “neither

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610 F. App'x 825, Counsel Stack Legal Research, https://law.counselstack.com/opinion/king-v-united-states-ca11-2015.