CA10: Supreme Court’s decision in Davis announced a new rule that applies retroactively to cases on collateral review

Today the Tenth Circuit published its order in In re Mullins, granting the defendant’s motion to file a second or successive § 2255 motion to challenge his conviction for possession of a firearm during and in relation to a conspiracy to commit Hobbs Act robbery.

The Tenth Circuit concluded that the Supreme Court’s decision last term in United States v. Davis, which struck down the residual clause in 18 U.S.C. § 924(c), announced a new rule of constitutional law that has been made retroactive to cases on collateral review by the Supreme Court, and that the rule was previously unavailable to Mullins.

Chief Judge Tymkovich, Judge Briscoe, and Judge Bacharach joined in the order.

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