Published by: Pate and Johnson Law

United States of America v. St. Hubert

United States of America v. St. Hubert, No. 16-10874 (March 19, 2019), EN BANC A majority of the Court voted against granting a rehearing en banc. The Court produced three dissents and three opinions concurring in the decision to deny granting a rehearing en banc. 28 U.S.C. 2255 – Published opinions on federal prisoners’ applications […]

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United States v. Albert Pickett

United States v. Albert Pickett, No. 17-13476 (February 20, 2019) The Court remanded the defendant’s second § 2255 motion since the defendant did not have an opportunity to show his conviction was based solely on the ACCA’s residual clause prior to the Eleventh Circuit announcing the heightened standard in Beeman. 28 USC 2255/ACCA – Defendant’s […]

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Curtis Solomon v. United States

Curtis Solomon v. United States, 911 F.3d 1356 (January 8, 2019) The Court affirmed the denial of a defendant’s second § 2255 motion which alleged that the defendant’s conviction under the residual clause of § 924(c) was unconstitutional. The Court held that the defendant’s motion was not based on a “new rule of constitutional law” […]

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In re: Tracy Garrett

In re: Tracy Garrett, No. 18-13680-F, (November 2, 2018) The Court held that an application to file a successive motion under § 2255, brought by a defendant convicted under § 924(c) and based on Johnson and Dimaya, was not based on a “new rule of constitutional law,” since the Eleventh Circuit held en banc in […]

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James Manuel Phillips, Jr. v. Warden

James Manuel Phillips, Jr. v. Warden, No. 14-11910, (October 31, 2018) The Court affirmed the district court’s order dismissing the petitioner’s § 2254 motion as time-barred, since the statute of limitations began running when the petitioner missed the deadline for appealing his conviction to the highest court in the state of conviction, and not after […]

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