Opinion
Case No. 14-C-739 Case No. 00-CR-242
08-29-2014
UNITED STATES OF AMERICA, Plaintiff, v. WILLIE J. NEWTON, JR., Movant.
DECISION AND ORDER
The movant, Willie Newton, moves for reconsideration of the Court's ruling that his motion under 28 U.S.C. § 2255 is untimely. The Court takes Newton's motion to mean that, under § 2255(f)(3), his motion is timely because it was filed within one year of the Supreme Court's decision in Alleyne v. United States, 133 S. Ct. 2151 (2013). This is true because Newton placed his motion in the mail less than a year after Alleyne was issued. Jones v. Bertrand, 171 F.3d 499, 501-02 (7th Cir. 1999) (applying mailbox rule to habeas petitions). Therefore, Newton's motion for reconsideration [ECF No. 6] is GRANTED, but as previously stated, the Court still lacks jurisdiction to adjudicate Newton's motion because it is a second or successive petition.
Dated at Milwaukee, Wisconsin, this 29th day of August, 2014.
BY THE COURT:
/s/_________
HON. RUDOLPH T. RANDA
U.S. District Judge