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

Jul 25, 2017
As defined by the Georgia Municipal Association, ordinances are written laws adopted by a city or town’s government. Yet, while theses ordinances are permanent laws that are actively enforced, state and…
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Jun 22, 2017
Considering the excessive weight of motor vehicles, the number of drivers on Georgia roads on any given day, not to mention the number of motor vehicle accidents, people are going to be killed as a result…
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May 22, 2017
Divorce is never something you plan on in your life. When you walk down the aisle on your wedding day, you’re not anticipating having to consider what a wage garnishment is, if divorce happens. If you’re…
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Apr 20, 2017
When it comes to commercial driver’s licenses and traffic-related offenses, including driving under the influence (DUI), it’s important to understand that there are federal regulations as well as state…
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