May 30, 2015

Tenth Circuit: Alleyne Not Retroactive in Scope so Defendant’s Appeal Untimely

The Tenth Circuit Court of Appeals issued its opinion in United States v. Hoon on Tuesday, August 12, 2014.

Kenneth Hoon was convicted of drug charges in federal court, and his conviction was final in March 2008. After unsuccessfully appealing, he filed a motion to vacate his sentence, which the district court dismissed as untimely. Hoon seeks a Certificate of Appealability, relying on the Supreme Court’s decision in Alleyne v. United States to support his argument that Alleyne created a new rule of constitutional law and an exception to the limitations period.

The Tenth Circuit rejected Hoon’s argument, ruling that Alleyne had not been applied by any court as retroactive in scope on collateral review and no reasonable jurist would allow an exception to the one-year limitations period for appellate review.

The Tenth Circuit declined to issue a Certificate of Appealability and dismissed the appeal.

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