Legal Opinion

Payne v. United States

Court of Appeals for the Eleventh Circuit

Decided May 7, 2009No. 08-12944PublishedCited by 17 opinions

Non-Argument Calendar.

1Per curiam

Gerald Payne, a federal prisoner proceeding pro se, appeals the district court’s denial of his 28 U.S.C. § 2255 motion to vacate, set aside, or correct his sentence. Payne v. United States, 546 F.Supp.2d 1312 (M.D.Fla.2008). We granted a certificate of appealability on the issue of “[wjhether appellate counsel was ineffective for failing to argue that the trial court erred by enhancing appellant’s sentence based on abuse of a trust position.” Payne, who received the enhancement based on his status as a pastor, asserts his appellate counsel provided him with ineffective assistance by failing…

2Cases cited8 opinions

  1. Strickland v. WashingtonSupreme Court of the United States · 1984
  2. Jones v. BarnesSupreme Court of the United States · 1983
  3. Smith v. RobbinsSupreme Court of the United States · 2000
  4. Holladay v. HaleyCourt of Appeals for the Eleventh Circuit · 2000
  5. United States v. GarrisonCourt of Appeals for the Eleventh Circuit · 1998

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3Cited by17 opinions

  1. Edward Dell v. United StatesCourt of Appeals for the Eleventh Circuit · 2013
  2. Nigel Christopher Paul Martin v. United StatesCourt of Appeals for the Eleventh Circuit · 2020
  3. Anton Tuomi v. Secretary, Florida Department of CorrectionsCourt of Appeals for the Eleventh Circuit · 2020
  4. United States v. FuchsCourt of Appeals for the Seventh Circuit · 2011
  5. Randy Deonarinesingh v. United StatesCourt of Appeals for the Eleventh Circuit · 2013

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