Herrera-Gomez v. United States, No. 14-1166 (2d Cir. 2014)Annotate this Case
Petitioner sought leave to file a successive 28 U.S.C. 2255 motion in the district court presenting claims based on the Supreme Court's holding in Peugh v. United States, and evidence that was purported to be newly discovered. The court held that the rule announced in Peugh does not constitute "a new rule of constitutional law, made retroactive to cases on collateral review by the Supreme Court." Therefore, the court could not authorize the filing of petitioner's successive motion on this basis. While it was possible that petitioner did not previously know New York's pre-2009 DWI requirements, he has not alleged, and the record does not suggest, that he could not have discovered this information through the exercise of due diligence prior to the filing of his section 2255 motion in 2008. Accordingly, the court could not authorize petitioner's successive section 2255 motion on the basis of this purportedly newly discovered evidence. The court denied the motion for leave to file a successive section 2255 motion.