IN RE EVANS, 11-194. (2011)
Court: Court of Appeals for the Fourth Circuit
Number: infco20111006113
Visitors: 23
Filed: Oct. 06, 2011
Latest Update: Oct. 06, 2011
Summary: Unpublished opinions are not binding precedent in this circuit. PER CURIAM: After a jury convicted Ronald Evans of six narcotics crimes committed as a juvenile and a criminal conspiracy that extended for some time after his eighteenth birthday, a judge sentenced him to life imprisonment without the possibility of parole. Now, relying on Graham v. Florida , 130 S.Ct. 2011 (2010), Evans moves for authorization to file a successive habeas application. See 28 U.S.C. 2255(h)(2). At oral argu
Summary: Unpublished opinions are not binding precedent in this circuit. PER CURIAM: After a jury convicted Ronald Evans of six narcotics crimes committed as a juvenile and a criminal conspiracy that extended for some time after his eighteenth birthday, a judge sentenced him to life imprisonment without the possibility of parole. Now, relying on Graham v. Florida , 130 S.Ct. 2011 (2010), Evans moves for authorization to file a successive habeas application. See 28 U.S.C. 2255(h)(2). At oral argum..
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Unpublished opinions are not binding precedent in this circuit.
PER CURIAM:
After a jury convicted Ronald Evans of six narcotics crimes committed as a juvenile and a criminal conspiracy that extended for some time after his eighteenth birthday, a judge sentenced him to life imprisonment without the possibility of parole. Now, relying on Graham v. Florida, 130 S.Ct. 2011 (2010), Evans moves for authorization to file a successive habeas application. See 28 U.S.C. § 2255(h)(2). At oral argument, the Government properly acknowledged that in the appropriate case Graham establishes a previously unavailable rule of constitutional law that applies retroactively on collateral review. See 28 U.S.C. § 2244(b)(3)(C), (2)(A). The Government, however, contends that this is not such a case. Because Evans has made a "prima facie showing" that his "claim relies on a new rule of constitutional law, made retroactive to cases on collateral review by the Supreme Court, that was previously unavailable," id., we grant his motion for authorization to file a successive habeas application. We of course do not suggest any view on the ultimate merits of Evans' claim.
MOTION GRANTED.
Source: Leagle
