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U.S. v. REYES

No. 13-3537.

755 F.3d 210 (2014)

UNITED STATES of America v. Thomas REYES, Appellant.

United States Court of Appeals, Third Circuit.

Filed: June 18, 2014.

Attorney(s) appearing for the Case

Keith M. Donoghue, Esq. , Sarah S. Gannett, Esq. , Federal Community Defender Office, West Philadelphia, PA, for Appellant.

Joseph J. Khan, Esq. , Bernadette A. McKeon, Esq. , Office of United States Attorney, Philadelphia, PA, for Appellee.

Before: McKEE, Chief Judge, CHAGARES, and NYGAARD, Circuit Judges.

NYGAARD, J.

The District Court denied Appellant Thomas Reyes' SHOE petition for a writ of habeas corpus, which he had filed pursuant to 28 U.S.C. § 2255. But, the court granted Reyes a certificate of appealability on the following question: whether the decision of the United States Supreme Court in Alleyne v. United States, ___ U.S. ___, 133 S.Ct. 2151, 186 L.Ed.2d 314 (2013) applies retroactively to cases on collateral...

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