UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 14-6631
HOLLY MICHELLE LANDRY,
Petitioner - Appellant,
v.
PHYLLIS A. BASKERVILLE, Warden, Fluvanna Correctional Center
for Women,
Respondent - Appellee.
Appeal from the United States District Court for the Eastern
District of Virginia, at Richmond. M. Hannah Lauck, Magistrate
Judge. (3:13-cv-00367-MHL)
Submitted: September 27, 2016 Decided: October 4, 2016
Before WILKINSON and MOTZ, Circuit Judges, and HAMILTON, Senior
Circuit Judge.
Vacated and remanded by unpublished per curiam opinion.
Danielle Spinelli, Sonya L. Lebsack, Beth C. Neitzel, WILMER
CUTLER PICKERING HALE AND DORR LLP, Washington, D.C., for
Appellant. Mark R. Herring, Attorney General of Virginia,
Eugene Murphy, Senior Assistant Attorney General, Richmond,
Virginia, for Appellee.
Unpublished opinions are not binding precedent in this circuit.
PER CURIAM:
Holly Michelle Landry appeals the district court’s order
denying relief on her 28 U.S.C. § 2254 (2012) petition, in which
Landry claimed that her sentence of mandatory life without
parole violated Miller v. Alabama, 132 S. Ct. 2455 (2012). The
district court concluded that Miller did not apply retroactively
to cases on collateral review for purposes of 28 U.S.C. § 2244
(d)(1)(C) (2012). The court denied Landry’s § 2254 petition and
granted a certificate of appealability. Subsequent to the
district court’s decision, the Supreme Court held that “Miller
announced a new substantive rule that is retroactive to cases on
collateral review.” Montgomery v. Louisiana, 136 S. Ct. 718,
732 (2016). Because the district court did not have the benefit
of Montgomery, we vacate the judgment and remand for further
proceedings. We express no opinion as to the merits of Landry’s
petition. We dispense with oral argument because the facts and
legal contentions are adequately presented in the materials
before the court and argument would not aid the decisional
process.
VACATED AND REMANDED
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