Legal Opinion
Braxton v. United States
District Court, W.D. Virginia
Decided February 14, 2005No. Civil Action No. 7:04CV00380, Criminal Action No. 3:02CR00019PublishedCited by 2 opinions
1Opinion of the Court
MEMORANDUM OPINION
MICHAEL, Senior District Judge.
Petitioner Walter Lee Braxton brings this pro se motion to vacate, set aside, or correct his sentence, pursuant to 28 U.S.C. § 2255. Braxton challenges the validity of his sentence for conspiracy to distribute cocaine base within the Western District of Virginia. On November 15, 2004, the United States filed a motion to dismiss petitioner’s motion. The court notified the petitioner of the government’s motion, as required by Roseboro v. Garrison, 528 F.2d 309 (4th Cir.1975), and warned him that judgment might be granted for the respondent if he…
2Cases cited21 opinions
- United States v. BookerSupreme Court of the United States · 2004
- Johnson v. ZerbstSupreme Court of the United States · 1938
- Blakely v. WashingtonSupreme Court of the United States · 2004
- Hill v. LockhartSupreme Court of the United States · 1985
- Robert Louis Roseboro v. Sam P. Garrison, Individually and in His Official Capacity as Warden of Central PrisonCourt of Appeals for the Fourth Circuit · 1975
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3Cited by2 opinions
- Harper v. United StatesDistrict Court, N.D. West Virginia · 2009
- Harris v. United StatesDistrict Court, N.D. West Virginia · 2009