Legal Opinion

McKinney v. Warden, FCC Coleman-Medium

District Court, M.D. Florida

Decided May 4, 2012No. Case Nos. 5:09-cv-163-Oc-10TBS, 5:11-cv-111-Oc-10TBSPublishedCited by 3 opinions

1Opinion of the Court

ORDER

WM. TERRELL HODGES, District Judge.

In Gilbert v. United States, 640 F.3d 1293 (11th Cir.2011) en banc, the court held that 28 U.S.C. §§ 2241 and 2255, properly construed under principles governing the finality of judgments, prevent a federal prisoner from maintaining a second or successive post conviction petition for a writ of habeas corpus claiming that an intervening change in the law has rendered his sentence illegal, unless, perhaps, the sentence as imposed exceeds the statutory maximum term of commitment applicable to the offense of conviction, or the petitioner can show that he is…

2Cases cited32 opinions

  1. Apprendi v. New JerseySupreme Court of the United States · 2000
  2. United States v. BookerSupreme Court of the United States · 2004
  3. Blakely v. WashingtonSupreme Court of the United States · 2004
  4. Almendarez-Torres v. United StatesSupreme Court of the United States · 1998
  5. Bousley v. United StatesSupreme Court of the United States · 1998

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3Cited by3 opinions

  1. Brian Mackey v. Warden, FCC Coleman - MediumCourt of Appeals for the Eleventh Circuit · 2014
  2. Brian Mackey v. Warden, FCC Coleman - MediumCourt of Appeals for the Eleventh Circuit · 2014
  3. United States v. BryeDistrict Court, M.D. Florida · 2013

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