U.S. Court of Appeals for the Fourth Circuit, 2011

In Re: Ronald Evans

In Re: Ronald Evans
U.S. Court of Appeals for the Fourth Circuit · Decided October 6, 2011 · Wilkinson, Motz, Davis
449 F. App'x 284

In Re: Ronald Evans

Opinion

Motion granted by unpublished PER CURIAM opinion.

Unpublished opinions are not binding precedent in this circuit.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, — U.S.-, 130 S.Ct. 2011, 176 L.Ed.2d 825 (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.

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