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Is this alleyne vs united case going to go retroactive for the 3rd circuit?Or is it going to go retroactive at all?

Bloomsburg, PA |

I was wondering if this case is going to go retroactive and help all prisioners?

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Attorney answers 3


When the Supreme Court decides a case that creates a previously unrecognized constitutional right, they never decide the issue of retroactivity in that same case. The Court doesn't address issues that aren't before it; logically, the retroactivity issue can't be addressed in the same case that announced the right.

In my opinion--and others may well disagree--the appellate courts will rule that Alleyne is not retroactive. From a practical perspective, if Alleyne was retroactive thousands of PA defendants would need to be resentenced. It would create an enormous burden on the courts. Although that may not be part of the retroactivity analysis under Teague v. Lane, it likely will be in the back of any judge's mind when addressing retroactivity.


Such an elaborate legal analysis should be presented to your counsel of record for a research and applicability to your fact pattern.

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The issue raised will need to be addressed by competent criminal defense counsel. A recent case from Illinois District Court is U.S. v. Gerald Osborn, N.D. Illinois July 19, 2013. The decision considered a claim by movant Osborn who had pled guilty. The facts are not what you raise, but the Alleyene case was at least noted, though not necessarily in a favorable context to your sentencing issue.

Here is an excerpted quote from the decision: "Osborn has failed, however, to show that the Supreme Court has made its holding in Peugh retroactively applicable to cases on collateral review. A new rule of constitutional law such as that stated in Peugh is only applicable to Osborn if it has been made retroactive to cases on collateral review by the Supreme Court. See Dodd v. United States, 545 U.S. 353, 125 S.Ct. 2478, 162 L.Ed.2d 343 (2005). The Supreme Court did not declare in Peugh that its new rule applies retroactively on collateral review and it is not likely that it will do so. See Simpson v. United States, No. 13–237, ––– F.3d ––––, 2013 WL 3455876, at *1 (7th Cir. July 10, 2013) (noting that the new constitutional rule announced in Alleyne v. United States, 570 ––– U.S. ––––, 133 S.Ct. 2151, ––– L.Ed.2d ––––, 2013 WL 2922116 (June 17, 2013), had not been made retroactively applicable on collateral review, and that Alleyne is an extension of Apprendi, which itself is not retroactive)." Good luck.

Alexander M. Ivakhnenko

Alexander M. Ivakhnenko


Splendid note.

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