United States v. Shannon, 3:95-cr-00224

Shelley Shannon pleaded guilty in 1995, pursuant to a plea agreement, to ten federal counts stemming from multiple fire‑bombings and butyric‑acid attacks on abortion clinics in 1992 across Oregon, California, and Nevada.
Convictions arose from two indictments (one transferred under Rule 20), and the court imposed mandatory consecutive sentences: 15 years for two § 844(h) violations and an additional 60 months on guideline counts, resulting in a 20‑year total consecutive sentence (plus an outstanding Kansas sentence to which part of the time was consecutive).
Shannon filed pro se motions under 28 U.S.C. § 2255 seeking to vacate or correct her sentence, arguing her Sixth Amendment jury trial right was violated under Alleyne v. United States.
The district court found Shannon’s conviction became final in December 1996 (Supreme Court denial of certiorari), so the one‑year § 2255 limitation expired in December 1997.
The court held Alleyne (decided 2013) does not apply retroactively on collateral review and therefore cannot revive Shannon’s untimely § 2255 claim.
The court also found Shannon expressly waived jury trial rights in her plea agreement, so she cannot use Alleyne to challenge the sentence she agreed to.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Timeliness / Retroactivity of Alleyne	Shannon contends Alleyne announced a new rule that should apply to her sentence	Alleyne is a new rule announced on direct review and is not retroactive to cases on collateral review; Shannon’s § 2255 was filed well after the one‑year limitation	Denied: Alleyne is not retroactive; § 2255 time bar expired in 1997
Waiver of jury rights via plea	Shannon asserts her Sixth Amendment right was violated because factfinding affecting mandatory minima wasn’t decided by a jury under Alleyne	Shannon waived jury trial and related sentencing challenges in her plea agreement when she pled guilty	Denied: waiver in plea agreement bars Shannon’s Alleyne‑based challenge

Alleyne v. United States, 133 S. Ct. 2151 (2013) (holds facts that increase mandatory minimums are elements for jury determination)
Apprendi v. New Jersey, 530 U.S. 466 (2000) (holding that any fact increasing penalty beyond statutory maximum must be submitted to jury)
Griffith v. Kentucky, 479 U.S. 314 (1987) (finality of judgment for purposes of direct review and retroactivity principles)
United States v. Garcia, 210 F.3d 1058 (9th Cir. 2000) (discusses finality of convictions after direct review)
Simpson v. United States, 721 F.3d 875 (7th Cir. 2013) (Alleyne not retroactive on collateral review)
United States v. Redd, 735 F.3d 88 (2d Cir. 2013) (Alleyne held nonretroactive)
In re Payne, 733 F.3d 1029 (10th Cir. 2013) (Alleyne nonretroactive in collateral proceedings)
In re Kemper, 735 F.3d 211 (5th Cir. 2013) (Alleyne not retroactive)
Cooper‑Smith v. Palmateer, 397 F.3d 1236 (9th Cir. 2005) (Apprendi not retroactive; used to support nonretroactivity of Alleyne)
United States v. Lopez‑Armenta, 400 F.3d 1173 (9th Cir. 2005) (plea agreement waivers can bar collateral challenges)