In re: Michael Morgan

Plaintiff filed an application seeking an order authorizing the district court to consider a second or successive motion to vacate, set aside, or correct his federal sentence pursuant to 28 U.S.C. 2255(h) and 2244(b)(3)(A). Petitioner argued that the Supreme Court's decision in Miller v. Alabama established that imposing a life sentence without possibility of parole under the circumstances described was unconstitutional, and because it was decided in June 2012, it announced a new, previously unavailable rule of constitutional law that was retroactive to cases on collateral review. The court held, however, that Miller was not retroactively applicable to cases on collateral review and, therefore, the court denied the motion. View "In re: Michael Morgan" on Justia Law