Sherrod v. United States, No. 16-72178 (9th Cir. 2017)
Annotate this CaseThe Ninth Circuit filed an order denying Christopher Sherrod's application for authorization to file a second or successive 28 U.S.C. 2255 motion. The panel joined its sister circuits in holding that an 18 U.S.C. 3582(c)(2) sentence reduction does not qualify as a new, intervening judgment. Therefore, Sherrod must obtain authorization from this court to proceed on a second or successive section 2255 motion. In this case, Sherrod has failed to make a prima facie showing under section 2255(h) of newly discovered evidence or a new rule of constitutional law. Therefore, the panel denied his application.
Court Description: 28 U.S.C. § 2255. The panel filed an order denying Christopher Sherrod’s application for authorization to file a second or successive 28 U.S.C. § 2255 motion in a case in which the district court reduced Sherrod’s sentence pursuant to 18 U.S.C. § 3582(c)(2). The panel held that a § 3582(c)(2) sentence reduction does not qualify as a new, intervening judgment; and that under Magwood v. Patterson, 561 U.S. 320 (2010), Sherrod must therefore obtain authorization from this court to proceed on a second or successive § 2255 motion. The panel denied the application for authorization because Sherrod has not made a prima facie showing under 28 U.S.C. § 2255(h) of newly-discovered evidence or a new rule of constitutional law.
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