Hughes

Marcelone Hughes applies for an order granting him authorization to file a second or successive habeas corpus motion to vacate his sentence. Hughes argues that Alleyne v. United States, — U.S. -, 133 S.Ct. 2151 , 186 L.Ed.2d 314 (2013), created “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 (h)(2). This is an issue of first impression in the Ninth Circuit. We have jurisdiction under 28 U.S.C. §§ 2244 (b) & 2255(h). We join our sister circuits in concluding that the Supreme Court has not made Alleyne retroactive to cases on collateral review, and we deny the application.

BACKGROUND

Hughes was indicted in October 2002 for brandishing a firearm during a crime of violence, in violation of 18 U.S.C. § 924 (c)(1). In July 2003, a jury convicted *816 him of that offense. The statutory penalty for brandishing a firearm during a crime of violence is a term of imprisonment of not less than seven years. Id. § 924(c)(l)(A)(ii). The mandatory minimum sentence increases to ten years if a semi-automatic assault weapon is used. Id. § 924(c)(1)(B)©.

At Hughes’s March 2004…