United States v. Thomas Reyes

NYGAARD, Circuit Judge.

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 eol-lateral review? While briefing was pending in this appeal, we issued an opinion and order in United States v. Winkelman, et al., 746 F.3d 134 (3d Cir.2014), which answered…