Statutory Interpretation – Time-barred

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7^th Circuit Court of Appeals

Case Name: Jesus Arreola-Castillo v. United States of America

Case No.: 17-1439

Officials: WOOD, Chief Judge, and FLAUM and KANNE, Circuit Judges.

Focus: Statutory Interpretation – Time-barred

Petitioner Jesus Arreola-Castillo was convicted of a federal drug crime. Because he had at least two prior felony drug convictions in New Mexico, he was subject to the recidivism provisions of 21 U.S.C. § 841. Pursuant to that statute, he received a mandatory minimum sentence of life in prison. He subsequently challenged the underlying felony drug convictions in New Mexico state court, which the state court ultimately vacated. Now, he moves to reopen his federal sentence under 28 U.S.C. § 2255, arguing that he is no longer subject to the recidivism enhancement because the prior state convictions have been vacated. The district court denied his § 2255 petition on the ground that it was time-barred. It relied on 21 U.S.C. § 851(e), which prohibits an individual from challenging the validity of a prior conviction that is more than five years old at the time the government seeks the recidivism enhancement. Because Arreola-Castillo is not challenging the validity of his prior convictions, but rather their very existence, we reverse.

Reversed and Remanded

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Attorney Derek A. Hawkins is the managing partner at Hawkins Law Offices LLC, where he heads up the firm’s startup law practice. He specializes in business formation, corporate governance, intellectual property protection, private equity and venture capital funding and mergers & acquisitions. Check out the website at www.hawkins-lawoffices.com or contact them at 262-737-8825.