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

Apr 11, 2019
Are you purchasing a location for your business? Whether you are new to the game or not, a typical business tenant tries to negotiate with very little legal assistance, though he or she might consult with…
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Mar 22, 2019
Whether one has anticipated a divorce or not, the process is far from easy. Even for those that intend on proceeding amicably, issues can arise that ignite emotions and cause tremendous stress. As such,…
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Feb 25, 2019
In the context of “crimes” and other offenses, traffic violations might seem petty. Yet, the truth is—a wide range of traffic-related offenses have the potential to produce serious consequences for those…
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Jan 28, 2019
Given the number of police and crime dramas on television, not to mention the live-action footage of arrests and police interrogations, many people are aware of statements known as Miranda Rights. For…
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