Hewlett v. United States of America

Filing 7

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, )

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FILED 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 NORTHEASTERN DIVISION RODNEY HEWLETT, Movant, v. UNITED STATES OF AMERICA, Respondent. ) ) ) ) ) ) ) ) ) Case No. 5:13-cv-8055-SLB-SGC (5:93-cr-0137-SLB-SGC) MEMORANDUM OPINION 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 1 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 2

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