WICKER
v.
MCCOTTER, DIRECTOR, TEXAS DEPARTMENT OF CORRECTIONS

U.S. | 1986-08-25
No. A-140
Justice Blackmun and Justice Stevens would grant the application.
478 U.S. 1033 Supreme Court of the United States (1986) Caution
Cited by 5 cases
Dissent
Justice Brennan and Justice Marshall,

Justice Brennan and Justice Marshall,

dissenting.

Adhering to our views that the death penalty is in all circumstances cruel and unusual punishment prohibited by the Eighth and Fourteenth Amendments, Gregg v. Georgia, 428 U. S. 153, 227, 231 (1976), we would grant the application for stay in order to give the applicant time to file a petition for writ of certiorari, and would grant the petition and vacate the death sentence in this case.

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  • United States v. Keller, 902 F.2d 1391 (9th Cir. 1990)
    …title him to relief.” Baumann v. United States, 692 F. 2d 565, 571 (9th Cir.1982). We agree with the district court that Keller’s allegations do not entitle him to a hearing. See United States v. Quan, 789 F. 2d 711, 715 (9th Cir.), cert. dismissed, 478 U.S. 1033, 107 S.Ct. 16, 92 L.Ed.2d 770 (1986). VI The district court’s order denying Keller’s motion under 28 U.S.C. § 2255 is AFFIRMED. . ’ At the time he entered his plea, Keller was asked by Judge Coughenour specifically if he understood that he could…
  • United States v. Cates, 952 F.2d 149 (5th Cir. 1992)
    …. 510, 513, 7 L.Ed.2d 473 (1962); see also United States v. Birdwell, 887 F. 2d 643, 645 (5th Cir.1989); United States v. McCord, 618 F. 2d 389, 392 (5th Cir.1980); accord United States v. [*152] Quan, 789 F. 2d 711, 713 (9th Cir.), cert. dismissed, 478 U.S. 1033, 107 S.Ct. 16, 92 L.Ed.2d 770 (1986); Knight v. United States, 611 F. 2d 918, 921 (1st Cir.1979). B. Breach of the Plea Agreement On appeal, Cates alleges four separate breaches of the plea agreement by the government. First, he contends that the…
  • United States v. Moore, 921 F.2d 207 (9th Cir. 1990)
    …580 F. 2d 360 (9th Cir.), cert. denied, 439 U.S. 970, 99 S.Ct. 463, 58 L.Ed.2d 430 (1978). ANALYSIS Standard of Review We review de novo the denial of a section 2255 petition. United States v. Quan, 789 F. 2d 711, 713 (9th Cir.), cert. dismissed, 478 U.S. 1033, 107 S.Ct. 16, 92 L.Ed.2d 770 (1986). I. Sufficiency of the Evidence Moore contends that there was insufficient evidence to convict him of attempted bank robbery. He argues that the government cannot prove a necessary element of the charge (the us…

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