Case: 14-10221   Date Filed: 03/06/2015   Page: 1 of 3


                                                        [DO NOT PUBLISH]



            IN THE UNITED STATES COURT OF APPEALS

                     FOR THE ELEVENTH CIRCUIT
                       ________________________

                             No. 14-10221
                         Non-Argument Calendar
                       ________________________

      D.C. Docket Nos. 1:13-cv-01780-RWS; 1:09-cr-00286-RWS-JFD-1



DWIGHT DARYL OWENS,

                                                          Petitioner-Appellant,

                                   versus

UNITED STATES OF AMERICA,

                                                         Respondent-Appellee.

                       ________________________

                Appeal from the United States District Court
                   for the Northern District of Georgia
                      ________________________

                              (March 6, 2015)

Before ED CARNES, Chief Judge, MARCUS, and WILLIAM PRYOR, Circuit
Judges.

PER CURIAM:
              Case: 14-10221     Date Filed: 03/06/2015    Page: 2 of 3


      A jury convicted Dwight Daryl Owens of two crimes: (1) robbery in

violation of 18 U.S.C. § 1951 (count 1), and (2) using a firearm during and in

relation to that robbery, in violation of 18 U.S.C. § 924(c) (count 2). The district

court sentenced Owens to consecutive terms of imprisonment of 180 months on

count 1 and 120 months on count 2, for a total term of 300 months. Owens

appealed his convictions, and we affirmed them.

      Owens then filed a timely motion to vacate his sentence under 28 U.S.C.

§ 2255. Among other things, Owens contended that his 120-month sentence on

count 2 was unconstitutional in light of the Supreme Court’s decision in Alleyne v.

United States, 570 U.S. ___, 

(2013). The district court determined

that Alleyne did not apply retroactively on collateral review, denied Owens’

motion, and declined to issue a certificate of appealability (COA). We issued a

COA on two issues: (1) whether Alleyne applies retroactively, and (2) if so,

whether Owens’ sentence is unconstitutional.

      We review de novo whether a case applies retroactively on collateral review.

See United States v. Swindall, 

, 833 (11th Cir. 1997). See generally

Teague v. Lane, 

, 

(1989). But if we have already

decided that a case does not apply retroactively on collateral review, we are bound

by that decision unless the Supreme Court or this Court sitting en banc overrules it.

See Chambers v. Thompson, 

, 1326 (11th Cir. 1998).


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                  Case: 14-10221      Date Filed: 03/06/2015      Page: 3 of 3


       In Jeanty v. Warden, FCI-Miami, 

, 1285 (11th Cir. 2014), we

decided that Alleyne does not apply retroactively on collateral review and affirmed

a district court’s denial of a prisoner’s petition under 28 U.S.C. § 2241 on that

basis. 1 Our decision in Jeanty controls this case. 2

       AFFIRMED. 3




       1
          Notably, every circuit to have considered the issue has said that Alleyne does not apply
retroactively on collateral review. See Hughes v. United States, 

, 818–19 (9th Cir.
2014); In re Mazzio, 

, 489–91 (6th Cir. 2014); United States v. Winkelman, 

, 136 (3d Cir. 2014); In re Kemper, 

, 212 (5th Cir. 2013); United States v.
Redd, 

, 91–92 (2d Cir. 2013); In re Payne, 

, 1029 (10th Cir. 2013);
Simpson v. United States, 

, 876 (7th Cir. 2013).
       2
         Because we conclude that Alleyne does not apply retroactively on collateral review, we
do not consider what the result in Owens’ case would be if it did.
       3
           Owens’ motion for leave to file a reply brief out of time is GRANTED.
                                                3