Supreme Court’s decision in Shepard v. United States does not apply retroactively to cases on habeas review

COLLATERAL REVIEW United States v. Christensen, No. 05-4115, ___ F.3d ___ (10th Cir. Aug. 7, 2006)(Utah). Denial of certificate of appealability for appeal of district court’s denial of defendant’s motion brought under 28 U.S.C. § 2255 seeking habeas relief from sentence imposed under Armed Career Criminal Act for possession of firearm by convicted felon in violation of 18 U.S.C. § 922(g)(1). HELD: United States Supreme Court’s decision in Shepard v. United States, 544 U.S. 13 (2005), that sentencing court may look only to “statutory definition, charging document, written plea agreement, transcript of plea colloquy, and any explicit factual finding by the trial judge to which the defendant assented” to determine whether a prior conviction qualifies as a predicate offense under the Armed Career Criminal Act, was purely matter of statutory construction. As such, Shepard did not announce new rule of constitutional law. Therefore, Shepard cannot apply retroactively to case brought in habeas action under 28 U.S.C. § 2255. Read the opinion here.