Descamps did not recognize new right for filing of habeas petitions

U.S. v. Montes, 2014 WL 3032185 (7/7/14) (N.M.) (unpub'd) - The 10th espouses a theory that would put the kibosh on almost all § 2255s relying on Descamps v. United States, 133 S.Ct. 2276 (2013). The 10th holds the § 2255 motion based on Descamps was not timely even though it was filed within one year of Descamps. Descamps simply applied existing precedent. It did not recognize a new right---a prerequisite under § 2255(f)(3) for restarting the running of the statute of limitations.