Topic
Every decision we've filed under Habeas Corpus - Federal Prisoner (28 USC 2255).
The United States Court of Appeals for the Fifth Circuit dismissed an appeal filed by a federal prisoner challenging his custody. The court found the petitioner failed to demonstrate a nonfrivolous issue showing that the statutory remedy under section two thousand two hundred fifty-five was inadequate or ineffective.
The Tenth Circuit affirmed a district court order dismissing a federal prisoner's habeas corpus petition for lack of statutory jurisdiction. The court held that the petitioner must pursue his claims through a motion under Section two thousand two hundred fifty-five rather than a petition under Section two thousand two hundred forty-one.
The United States Court of Appeals for the Tenth Circuit affirmed the district court's denial of a federal prisoner's motion for compassionate release, finding no abuse of discretion in the lower court's weighing of sentencing factors.
The United States Court of Appeals for the Fourth Circuit denied a petition for a writ of mandamus filed by Antonio Davis. The court found the petition moot because the district court had recently entered an order denying Davis's underlying motion.
The First Circuit affirmed the sex trafficking and obstruction convictions of Ricardo Middleton, rejecting challenges to expert testimony on trauma and memory. The court dismissed an ineffective assistance of counsel claim as premature, directing the defendant to raise it in a collateral proceeding.
The Fifth Circuit dismissed a federal prisoner's application for a certificate of appealability because the issues raised did not involve the denial of a constitutional right. The court clarified that procedural questions regarding successive habeas motions cannot bypass statutory restrictions on second-or-successive petitions.
The Ninth Circuit vacated a district court's dismissal of a habeas petition because the lower court failed to provide the petitioner notice and an opportunity to respond. The appellate court remanded the case to ensure compliance with the procedural requirements established in Boyd v. Thompson.
The Ninth Circuit vacated a district court's dismissal of a federal prisoner's habeas petition because the lower court failed to provide notice and an opportunity to respond. The appellate court remanded the case to ensure the petitioner received the procedural protections required under Ninth Circuit precedent.
The United States Court of Appeals for the Eleventh Circuit dismissed an appeal challenging the reasonableness of a below-guideline sentence. The court held that the defendant had knowingly and voluntarily waived his right to appeal in his plea agreement.
The Fourth Circuit dismissed Xavier Milton Earquhart's federal habeas appeal because he failed to make the requisite substantial showing that reasonable jurists could debate the district court's denial of constitutional relief. The court independently reviewed the record and found no debatable constitutional claims or procedural errors warranting further review.