Legal Opinion
Pagan v. United States
Court of Appeals for the Eleventh Circuit
Decided December 23, 2003No. 02-12397PublishedCited by 20 opinions
1Opinion of the Court
HUCK, District Judge:
This case presents the question of whether a petitioner seeking post-conviction relief pursuant to 28 U.S.C. § 2255 may immediately appeal an order denying bond, a question that has not been directly addressed in this circuit. We hold the collateral order doctrine permits interlocutory review of a bond order in a pending post-conviction relief proceeding, but dismiss the appeal for lack of jurisdiction because Appellant Robert Pagan has failed to obtain a certificate of appealability (“COA”).
Pagan is presently incarcerated in federal prison for armed bank robbery and use…
2Cases cited14 opinions
- Miller-El v. CockrellSupreme Court of the United States · 2003
- Cohen v. Beneficial Industrial Loan Corp.Supreme Court of the United States · 1949
- Midland Asphalt Corp. v. United StatesSupreme Court of the United States · 1989
- Pitney Bowes, Inc., Cross-Appellee v. Celina Mestre, Personal Representative of the Estate of Luis Mestre, Deceased, Cross-AppellantCourt of Appeals for the Eleventh Circuit · 1983
- Steven Guerra v. Edwin Meese, IIICourt of Appeals for the D.C. Circuit · 1986
9 more not listed; retrieve them via the Exa API.
3Cited by20 opinions
- James Dwight Thomas v. James CrosbyCourt of Appeals for the Eleventh Circuit · 2004
- United States v. FutchCourt of Appeals for the Eleventh Circuit · 2008
- United States v. Metsch & Metsch, P.A.Court of Appeals for the Eleventh Circuit · 2006
- Morris Dewayne Green v. United StatesCourt of Appeals for the Eleventh Circuit · 2007
- Patrick v. United StatesDistrict Court, D. Massachusetts · 2004
15 more not listed; retrieve them via the Exa API.