Hewlett v. United States of America
MEMORANDUM OPINION, as set out. The magistrate judge's findings are due to be & are hereby ADOPTED and her recommendation is ACCEPTED. Accordingly, the Motion is due to be DENIED. A Final Judgment will be entered. Signed by Judge Sharon Lovelace Blackburn on 8/18/14. (CTS, )
2014 Aug-18 AM 09:25
U.S. DISTRICT COURT
N.D. OF ALABAMA
IN THE UNITED STATES DISTRICT COURT
FOR THE NORTHERN DISTRICT OF ALABAMA
UNITED STATES OF AMERICA,
Case No. 5:13-cv-8055-SLB-SGC
The magistrate judge filed a report and recommendation on July 16, 2014, recommending that
this motion to vacate, set aside, or correct sentence pursuant to 28 U.S.C. § 2255 (“Motion”), be denied
as time-barred. (Doc. 6). The parties were allowed an opportunity in which to file objections. No
objections have been received from either party. The Motion challenged movant’s 1993 conviction in
light of the Supreme Court’s 2013 opinion in Alleyne v. United States, 133 S.Ct. 2151 (2013). The
magistrate judge concluded the Motion was time-barred because Alleyne does not apply retroactively to
cases on collateral review under 28 U.S.C. § 2255(f)(3). (Doc. 6). Less than a week after the report and
recommendation was entered, the Eleventh Circuit definitively held that Alleyne does not apply
retroactively to save otherwise untimely habeas petitions. Jeanty v. Warden, FCI-Miami, No. 13-14931,
2014 WL 3673382, --- F.3d --- (11th Cir. July 22, 2014) (“Alleyne does not apply retroactively on
collateral review . . . .”).1
Having carefully reviewed and considered de novo all the materials in the file, the court is of the
opinion that the magistrate judge’s findings are due to be and are hereby ADOPTED and her
While the Eleventh Circuit had previously held that Alleyne was not retroactively applicable, Jeanty was
the first published opinion to reach this conclusion.
recommendation is ACCEPTED. Accordingly, the Motion is due to be DENIED. A Final Judgment
will be entered.
DONE this 18th day of August, 2014.
SHARON LOVELACE BLACKBURN
UNITED STATES DISTRICT JUDGE
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