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REINHOLD v. ROZUM

No. 08-3371.

604 F.3d 149 (2010)

Harvey A. REINHOLD, Appellant v. Gerald ROZUM, Superintendent, SCI Somerset; The District Attorney of The County of Lancaster, PA; The Attorney General of the Commonwealth of Pennsylvania.

United States Court of Appeals, Third Circuit.

Filed April 14, 2010.

Attorney(s) appearing for the Case

Diana Lynn Stavroulakis, Esq. (Argued), Pittsburgh, PA, for Appellant.

Susan E. Moyer, Esq. (Argued), Assistant District Attorney, Office of the District Attorney, Lancaster, PA, for Appellees.

Before: AMBRO, SMITH, and MICHEL, Circuit Judges.

OPINION

SMITH, Circuit Judge.

This is a habeas action by a prisoner in state custody. The only question for our review is whether he timely filed his petition, a question which turns on whether the Supreme Court's decision in Cunningham v. California, 549 U.S. 270, 127 S.Ct. 856, 166 L.Ed.2d 856 (2007), applies retroactively to cases on collateral review. We hold that Cunningham is not retroactively applicable...

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