McCloud v. United States, No. 19-4184 (2d Cir. 2021)
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The Second Circuit affirmed the district court's order denying as untimely petitioner's motion for relief under 28 U.S.C. 2255. Petitioner contends that this circuit's recent decision in United States v. Townsend, 897 F.3d 66 (2d Cir. 2018), created a newly discovered fact that extended his filing deadline under section 2255(f)(4).
The court concluded that an intervening development in case law does not constitute a newly discovered "fact" within the meaning of section 2255(f)(4). In this case, a decision issued after a conviction but before the filing of a motion under section 2255 is not a newly discovered "fact" pursuant to section 2255(f)(4). Therefore, Townsend, in pronouncing a new rule of law, gave rise to no new facts and thus did not extend the limitations period for petitioner's section 2255 motion.
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