United States v. Powell, No. 11-6152 (4th Cir. 2012)
Annotate this CaseDefendant was convicted of drug charges in 2004 and almost six years later, he filed a motion under 28 U.S.C. 2255 seeking to vacate his sentence in light of the Supreme Court's decision in Carachuri-Rosendo v. Holder. Because the Supreme Court's decision in Carachuri at most altered the procedural requirements that must be followed in applying recidivist enhancements and did not alter the range of conduct or the class of persons subject to criminal punishment, the court held that Carachuri was a procedural rule. Therefore, Carachuri was not retroactively applicable to cases on collateral review. Thus, defendant's section 2255 motion must be dismissed as untimely pursuant to section 2255(f)(3).
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