Lorentsen
United States v. Lorentsen
Opinion
Lead Opinion
ORDER
Donald Lorentsen has moved this court for certification of his successive motion to vacate his sentence under 28 U.S.C. § 2255 as required by the Antiterrorism and Effective Death Penalty Act of 1996, Pub.L. 104-132, tit. I, § 105, 110 Stat. 1214 , 1220 (the “Act”) *279 (codified in relevant part at 28 U.S.C. § 2255 ). For the reasons stated below, we deny Lorentsen’s motion.
Under the Act, before a successive § 2255 motion may be considered, it must be certified by a three-judge panel of the court of appeals to contain either newly discovered evidence demonstrating innocence, or “a new rule of constitutional law, made retroactive to cases on collateral review by the Supreme Court, that was previously unavailable.” 28 U.S.C. § 2255 (as amended). The parties agree that no new evidence is involved in this case; the sole question is whether Lorent-sen’s motion contains a new rule of constitutional law made retroactive by the Supreme Court to cases on collateral review.
In his successive § 2255 motion, Lorentsen seeks to challenge his conviction for using or carrying a firearm in violation of 18 U.S.C. § 924 (c)(1). Lorentsen relies on the Supreme Court’s interpretation of §…