United States v. Morgan

Defendant appealed his sentence after pleading guilty to possession of a firearm by filing a 28 U.S.C. 2255 motion. The district court dismissed the motion and granted a certificate of appealability on the issue of whether Descamps v. United States applies retroactively to cases on collateral review. The court held that Descamps did not restart the clock because, even though defendant filed his motion within a year of Descamps, the right defendant asserts was not newly recognized by Descamps. The court agreed with its sister circuits that Descamps did not establish a new rule recognizing a new right under section 2255(f)(3). Accordingly, the court affirmed the judgment. View "United States v. Morgan" on Justia Law