Jeff Fisher was quoted in the Seattle Times:

"You only get one bite at the apple," said Jeffrey Fisher, a former Seattle attorney who represented Burton and now teaches at Stanford University. "It's disappointing that the court didn't reach the question of unconstitutionality," Fisher said.

The decision is "particularly harsh, because it says this pro-se indigent litigant should have figured out what federal judges could not: the proper procedure for challenging his case. Even if his sentence is unconstitutional, what the court is saying is that there's no possibility for relief."

Fisher said there were no more federal legal avenues for Burton to pursue. His state appeals are likely exhausted as well.