United States v. Olvera, No. 13-51161 (5th Cir. 2015)
Annotate this CaseDefendant, pro se and in forma pauperis, appealed the denial of his 28 U.S.C. 2255 motion as time-barred. Defendant claimed that an amended judgment, entered after his sentence was modified under Federal Rule of Criminal Procedure 35(b), recommences the one-year limitations period under section 2255(f)(1). Defendant also argued that the motion was timely because Alleyne v. United States applies retroactively to cases on collateral review. The court rejected defendant's arguments, concluding that defendant's motion was untimely under section 2255(f)(1) because the sentence reduction has no impact on the finality of defendant's conviction. Further, the court agreed with all of its sister circuits and held that Alleyne is not within the "watershed" exception. Accordingly, the court affirmed the judgment.
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