United States v. Hopkins, No. 18-2046 (10th Cir. 2019)Annotate this Case
Dr. Mark Hopkins moved to vacate his 2010 conviction and sentence for tax evasion. Before trial, the district court ordered him to make monthly payments into the court’s registry to ensure he was complying with federal tax law. Several months later, Dr. Hopkins requested release of the funds so he and his wife, who was being tried with him, could pay their attorneys. The district court ordered the funds’ return. But then the IRS filed notice of a lien on the funds, prompting the court clerk to file an interpleader action. Dr. Hopkins never received the funds; he and his wife were convicted in a jury trial. Dr. Hopkins filed his motion on March 29, 2017, following the Supreme Court’s decision in Luis v. United States, 136 S. Ct. 1083 (2016). But because his conviction became final in 2013, however, Dr. Hopkins’s motion fell outside the usual one-year time limit set by 28 U.S.C. 2255(f)(1). He sought to avoid that time bar by relying on section 2255(f)(3), arguing that Luis created a “newly recognized” right that would be “retroactively applicable to cases on collateral review.” The district court held that Luis did not create such a right, dismissed the motion, and granted a certificate of appealability. Finding no reversible error in that decision, the Tenth Circuit affirmed the district court.