In a habeas corpus case, the district court's denial of defendant's 28 U.S.C. section 2255 motion is vacated and remanded where: 1) defendant's case is not moot because success would shorten his supervised release term; 2) jurisdiction exists because cognizability is not always a jurisdictional limit; 3) the district court should determine whether defendant is entitled to reinstate his 2008 motion under F.R.C.P. Rule 60; and 4) Begay v. US, 553 U.S. 137 (2008), applies retroactively and error is cognizable on collateral review where not defaulted.

Local News and Events

Feb 08, 2018
For family members reeling from the sudden loss of a loved one in a traffic-related accident, few words suffice. Even more devastating is when they learn that their loved one’s death could have been prevented.
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Jan 23, 2018
Because driving is considered a privilege in Georgia, a driving record for all residents is maintained through the Department of Driver Services.
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Dec 28, 2017
Without question, divorce places tremendous financial and emotional strain on couples and families, regardless of what’s at stake. Yet, when multiple properties and assets, as well as business ownership,…
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Nov 27, 2017
When one person manipulates or generates false ideas or promises in order to obtain another’s property, this is classified as theft by deception. Without question, theft by deception is an intentional…
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