Habeas Corpus (28 U.S.C. § 2255)

10 Florida cases classified under this topic · sorted by citation count · browse and sort

• Rothman v. United States
  508 F.2d 648· 3d Cir.· 1975-01-31 ·cited 28×
  The court held that a pro se prisoner's petition, even if styled under § 2255, should be treated as a writ of coram nobis if the petitioner is no longer in custody and alleges fundamental errors of fact.
• United States v. Osser
  864 F.2d 1056· 3d Cir.· 1988-12-29 ·cited 24×
  A mail fraud conviction based on a scheme that demonstrably caused monetary loss to the victim, even if also charged under an invalidated 'honest services' theory, can be sustained.
• Barry v. United States
  528 F.2d 1094· 7th Cir.· 1976-01-13 ·cited 24×
  The court held that the judge's participation in the trial did not violate the mandatory disqualification statute or constitutional standards, and that the district court did not err in denying an evidentiary hearing or limiting discovery.
• Cook v. Hanberry
  592 F.2d 248· 5th Cir.· 1979-03-29 ·cited 11×
  A prisoner's claim of mistreatment during incarceration does not entitle them to release via habeas corpus, even if the mistreatment violates the Eighth Amendment.
• United States v. Sutton
  700 F.2d 1078· 6th Cir.· 1983-03-01 ·cited 10×
  The court held that consecutive sentences for RICO and predicate drug offenses do not violate the Double Jeopardy Clause when Congress intends to authorize multiple punishments, and that the government sufficiently proved the existence of a RICO enterprise.
• Elgin Campbell v. United States
  355 F.2d 394· 7th Cir.· 1966-01-06 ·cited 8×
  A petitioner's waiver of a direct appeal forecloses collateral attack on issues that could have been raised on direct appeal, even if those issues involve constitutional rights.
• Karrell v. United States
  247 F.2d 706· 9th Cir.· 1957-08-08 ·cited 2×
  The court held that the defendant's prior appeal had already decided the statutory construction issue, and the current attempt to vacate the conviction under § 2255 was procedurally flawed and moot.
• United States v. Montgomery
  998 F.2d 1468· 9th Cir.· 1993-07-13 ·cited 1×
  The court held that the government failed to use reasonable efforts to produce a confidential informant, violating the defendant's due process rights.
• Lowe v. United States
  923 F.2d 528· 7th Cir.· 1991-01-22
  The government has a right to appeal a sentence reduction granted under 28 U.S.C. § 2255, and the conviction for intimidation under Illinois law qualifies as a 'violent felony' under the Armed Career Criminal Act.
• United States v. Collins
  651 F. Supp. 1177· S.D. Fla.· 1987-01-14
  A fugitive from justice is disentitled from pursuing post-conviction relief, and the court vacates its prior order granting such relief, reinstating the guilty plea and sentence.