A blog of the Philadelphia Bar Association’s Criminal Justice Section

third  circuitBy Burt Rose
UNITED STATES of America v. Thomas REYES, Appellant
No. 13–3537, 2014 WL 2747216  Filed June 18, 2014.

A Third Circuit panel held that the U.S. Supreme Court’s decision in Alleyne v. United States set forth a new rule of constitutional law that any fact that increased the mandatory minimum sentence was an element that had to be submitted to the jury and proven beyond reasonable doubt, so this rule was not applicable retroactively to cases on collateral review. Alleyne announced a procedural, rather than a substantive rule, and did not announce a watershed rule of criminal procedure under Teague v. Lane to qualify for retroactive application.

Sorry for the bad news, but it was not a surprise since other Apprendi-based decisions have not been applied retroactively.


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