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 08, 2020
The loss of a loved one is always a tragic event, but when your loved one dies due to the reckless, criminal or negligent act of another person, the tragedy can sometimes be too much to bear. If you have…
Read More »
Jun 02, 2020
Divorce and child custody are trying situations even in the best of times. If your former partner refuses to follow a court order, the problems only multiply. The court hands down decisions after careful…
Read More »
May 04, 2020
Autism spectrum disorder was first recognized by Dr. Leo at Johns Hopkins Hospital in 1942. Historical accounts indicate that autism has existed for many years before it was officially recognized. Since…
Read More »
Apr 03, 2020
It is not uncommon for people to have to travel for work in this global economy. If you are facing divorce and custody arrangements, this necessary travel may come up for discussion. It is important to…
Read More »