Legal Opinion

United States v. Roger Dale Counts

Court of Appeals for the Seventh Circuit

Decided October 18, 1982No. 81-2133PublishedCited by 20 opinions

1Per curiam

In this case we must determine whether the district court erred by summarily dismissing the appellant’s section 2255 motion without making findings of fact and conclusions of law with respect to a double jeopardy claim asserted therein.

The appellant, Roger Counts, pled guilty to a violation of 21 U.S.C. § 841(a)(1) (distribution of a controlled substance) and was sentenced to a term of four years imprisonment and three years special parole pursuant to 21 U.S.C. § 841(b)(1)(A). Subsequently, he filed a motion for correction of sentence under 28 U.S.C. § 2255 in which he argued (1) that the…

2Cases cited8 opinions

  1. Bifulco v. United StatesSupreme Court of the United States · 1980
  2. Arthur Lewis v. Gordon H. FaulknerCourt of Appeals for the Seventh Circuit · 1982
  3. United States v. David S. KuckCourt of Appeals for the Tenth Circuit · 1978
  4. Willie Frank Hart v. United StatesCourt of Appeals for the Fifth Circuit · 1978
  5. United States v. Robert L. BrockCourt of Appeals for the D.C. Circuit · 1974

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3Cited by20 opinions

  1. United States v. James Sam MarrCourt of Appeals for the Tenth Circuit · 1988
  2. United States v. Frank CarcaiseCourt of Appeals for the Eleventh Circuit · 1985
  3. Victor Nicholas Abatino v. United StatesCourt of Appeals for the Ninth Circuit · 1985
  4. Pedro Vizcanio Garcia v. United StatesCourt of Appeals for the Eleventh Circuit · 1985
  5. Spearman v. United StatesDistrict Court, E.D. Michigan · 1994

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