Pagan-San Miguel v. United States

Petitioner Carlos Pagan-San-Miguel seeks leave to file a second or successive petition under 28 U.S.C. § 2255. He relies upon the Supreme Court’s recent decisions in Missouri v. Frye, — U.S. -, 132 S.Ct. 1399, 182 L.Ed.2d 379 (2012), and Lafler v. Cooper, — U.S.-, 132 S.Ct. 1376, 182 L.Ed.2d 398 (2012), and upon Martinez v. Ryan, — U.S.-, 132 S.Ct. 1309, 182 L.Ed.2d 272 (2012), and Trevino v. Thaler, — U.S.-, 133 S.Ct. 1911, 185 L.Ed.2d 1044 (2013). However, none of those cases establishes a “new rule of constitutional law, made retroactive to cases on collateral review,” as 28 U.S.C. §…