Lund v. U.S.

Dist. Ct. did not err in dismissing as untimely defendant’s section 2255 petition seeking to set aside his 20-year mandatory minimum sentence on drug conspiracy charge, where said sentence was based, in part, on finding that “death results” enhancement applied where drug conspiracy of which defendant played role distributed heroin that caused death of five individuals. Instant petition was filed more than one year after defendant’s unsuccessful direct appeal became final, and defendant could not invoke actual innocence exception to any statute of limitations bar, where: (1) claim of actual innocence was based on Burrage, 571 U.S. 204, that found that “deaths results” enhancement requires finding that harm would not have occurred but for defendant’s conduct; and (2) defendant failed to file instant petition within one year of Burrage opinion.