Rivera v. United States
716 F.3d 685
2d Cir.2013Background
- Rivera pled guilty to felon in possession of a firearm and received a 15-year ACCA sentence.
- Three prior New York state convictions (robbery, attempted drug sale, and attempted assault) qualified him as an armed career criminal.
- NY 2000 drug conviction (class C felony) carried a 15-year max under prior law; the conviction supported ACCA predicate status.
- New York enacted 2004 and 2009 drug-law reforms affecting maximum terms and resentencing, but these changes generally apply prospectively.
- Rivera asserted retroactive relief under §2255, which the district court denied; the Second Circuit affirmed applying McNeill v. United States.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether McNeill governs the retroactivity of NY drug-law reforms | Rivera argues NY reforms retroactively reduce max terms | Rivera relies on retroactive effects; NY laws do not retroactively alter prior max terms | McNeill applies; reforms do not retroactively change Rivera's maximum term |
| Whether 2004 DLRA applied to Rivera’s 2000 offense | 2004 DLRA lowered max for class C felonies | The reform applied to offenses after its effective date and Rivera's offense predates it | Not retroactive to Rivera's 2000 conviction; not applicable |
| Whether 2009 DLRA resentencing provisions affected Rivera | 2009 DLRA offered resentencing opportunities | Rivera was not eligible (class C offense) and retroactivity did not apply | Inapplicable to Rivera; no retroactive relief |
| Whether Rivera's prior drug conviction qualifies as a serious drug offense under ACCA | Had changes reduced the max, his predicate might fail | Under McNeill, use the max term at time of state conviction; still at least 15 years | Rivera's 2000 drug conviction counts as a serious drug offense under ACCA |
| Whether Darden remains good law after McNeill | Darden incorrectly treated predicate felonies | McNeill abrogated Darden's approach | McNeill controls; Darden overruled for these purposes |
Key Cases Cited
- McNeill v. United States, 131 S. Ct. 2224 (Supreme Court, 2011) (predicate drug felonies determined by max term at conviction time; non-retroactive scope)
- United States v. Darden, 539 F.3d 116 (2d Cir. 2008) (predicate felonies determined by maximum state sentence at time of conviction; abrogated by McNeill)
- James v. United States, 550 U.S. 192 (Supreme Court, 2007) (definition of serious drug offenses under ACCA)
- People v. Utsey, 7 N.Y.3d 398 (N.Y. 2006) (statutory retroactivity and application to reforms)
- Santiago v. People, 17 N.Y.3d 246 (N.Y. 2011) (retroactivity and eligibility for resentencing under NY reforms)
- Schlup v. Delo, 513 U.S. 298 (Supreme Court, 1995) (actual innocence gateway exception for procedurally defaulted claims)