United States v. Redd (Shue), No. 13-2971 (2d Cir. 2013)
Annotate this CaseDefendant was convicted of cocaine offenses and related gun possession. Defendant, pro se, moved to recall the court's mandates related to his conviction, and to reinstate his direct appeal in order to seek relief under the Supreme Court's recent holding in Alleyne v. United States. The court could not authorize defendant's collateral attack where a new rule was not made retroactive to cases on collateral review unless the Supreme Court holds it to be retroactive. The Supreme Court announced the Alleyne rule on a direct appeal without expressly holding it to be retroactive to cases on collateral review. Further, Alleyne does not fall within a category of cases previously held to be retroactive. Defendant's remaining contentions were without merit. Accordingly, the court denied defendant's motion, construing it as one for leave to file a successive 28 U.S.C. 2255 motion. The court also denied defendant's motion for appointment of counsel as moot.
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