Simpson v. U.S.

Federal 7th Circuit Court
Criminal Court
Case Number: 
No. 13-2373
Decision Date: 
July 10, 2013
Federal District: 
Application for Order Authorizing Dist. Ct. to Entertain Successive Petition for Collateral Relief
Application denied
Ct. of Appeals denied application by defendant seeking order authorizing Dist. Ct. to entertain successive petition for collateral relief that challenged his mandatory minimum 240-month sentence for drug offenses, where defendant asserted that Dist. Ct., as opposed to jury, had determined that his conduct met requirements for said mandatory minimum sentence. While recent U.S. Supreme Ct. decision in Alleyne, No. 11-9335, supported defendant’s claim, U.S. Supreme Ct. failed to declare that said rule applied retroactively to cases on collateral review. Moreover, drug quantity findings by jury that were made in defendant’s trial would have supported imposition of instant sentence.