Topic
Every decision we've filed under Habeas Corpus - Federal Prisoner (28 USC 2255).
The Fourth Circuit dismissed Kenneth Wayne Watford's appeal from the denial of his § 2255 motion because he failed to make a substantial showing that reasonable jurists could debate the district court's ruling. The court denied a certificate of appealability and rejected his pending motions for counsel and abeyance.
The Fourth Circuit affirmed a 408-month sentence for Antonio Rashaad Dovine, ruling that the district court's resentencing was procedurally and substantively reasonable. The court also remanded the case to correct a clerical discrepancy in the amended judgment regarding special conditions of supervision.
The Eleventh Circuit dismissed an appeal filed by a defendant challenging his sentence for drug conspiracy and money laundering. The court held that the defendant had knowingly and voluntarily waived his right to appeal under his plea agreement, and none of the waiver's exceptions applied to his claims.
The Eleventh Circuit affirmed the district court's denial of Derek Dixon's motion for a sentence reduction under 18 U.S.C. § 3582(c)(2), ruling that the trial court properly exercised its discretion to reject the request despite a lowered guideline range. The appellate court found no abuse of discretion given the extreme violence of Dixon's crimes and his prior agreement that the maximum term was reasonable under § 3553(a).
The Fourth Circuit dismissed in part and affirmed in part the district court's order denying a federal prisoner's motions for relief. The court held that the prisoner failed to challenge the procedural dismissal of his habeas motion in his informal brief, precluding a certificate of appealability.
The Third Circuit affirmed the dismissal of a federal prisoner's habeas motion, ruling that a claim based on a new Supreme Court precedent was not novel enough to excuse procedural default. The court held that the legal basis for the argument was reasonably available to the defendant at the time of his plea.
The Fourth Circuit dismissed an appeal filed by a federal prisoner seeking relief under Section 2255 of Title 28. The court concluded the appellant failed to make a substantial showing of the denial of a constitutional right required to obtain a certificate of appealability.
The Fourth Circuit dismissed an appeal by a federal prisoner because he failed to demonstrate that reasonable jurists could find the district court's denial of his habeas claims debatable. Without a certificate of appealability, the district court's order denying relief under 28 U.S.C. § 2255 remains in full effect.
The Fourth Circuit affirmed the denial of Bernard Celestine's motions for sentence reduction and compassionate release while dismissing his appeal regarding a successive habeas claim. The court held that Celestine failed to challenge the procedural dismissal of his § 2255 motion in his informal brief, thereby failing to demonstrate the requisite substantial showing of a constitutional right denial.
The Fourth Circuit dismissed Robert Allen McClinton's appeal from his denied § 2255 motion because his notice of appeal was filed well past the 60-day deadline. The court rejected McClinton's claim that the prison mailbox rule applied, finding he failed to deliver the notice to prison officials within the statutory period.