USA v. Aaron Lyons
Split Score
What is a Split Score?
This score (0-100) indicates how likely this case is to be reviewed by the Supreme Court based on:
Case Summary
Disposition
Affirmed
The Third Circuit held that Aaron Lyons’s § 2255 collateral attack based on Rehaif was procedurally defaulted because the argument was reasonably available when he pleaded guilty, and the record disproved his claim of actual innocence. Accordingly, it affirmed the district court’s dismissal of his motion without an evidentiary hearing.
Circuit Split Identified
Legal Issue
Whether Reed v. Ross's second category of novelty continues to provide 'cause' to excuse a procedural default on collateral review after Bousley v. United States.
Circuit Positions
Reed’s second category is a dead letter after Bousley; unanimity against a claim does not constitute cause for default.
Reed’s second category remains binding; widespread contrary precedent can constitute cause to excuse default.
Conflict Summary
Several circuits (including the Third Circuit in this opinion) hold that Reed’s second category is no longer viable in light of Bousley, so mere futility or unanimous contrary precedent does not constitute ‘cause.’ The Ninth Circuit, by contrast, still applies Reed’s second category and treats widespread contrary precedent as sufficient novelty to excuse default.