In Re: Ronald Evans
Opinion
Motion granted by unpublished PER CURIAM opinion.
Unpublished opinions are not binding precedent in this circuit.
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.
Reference
- Full Case Name
- In Re: Ronald EVANS, A/K/A Freak, A/K/A Man-Man, Movant
- Status
- Unpublished