Legal Opinion
Ezell Gilbert v. United States
Court of Appeals for the Eleventh Circuit
Decided May 19, 2011No. 09-12513PublishedCited by 185 opinions
1Opinion of the Court
CARNES, Circuit Judge:
Ezell Gilbert, a federal prisoner, wants to have an error of law in the calculation of his sentence corrected based upon a Supreme Court decision interpreting the sentencing guidelines, even though that decision was issued eleven years after he was sentenced. Gilbert insists that prisoners have a right to have errors in the calculation of their sentences corrected no matter how long it has been since the sentences were imposed. His insistence calls to mind Justice Holmes’ observation that “All rights tend to declare themselves absolute to their logical extreme.” Hudson…
2Cases cited96 opinions
- Apprendi v. New JerseySupreme Court of the United States · 2000
- United States v. BookerSupreme Court of the United States · 2004
- Schneckloth v. BustamonteSupreme Court of the United States · 1973
- Schlup v. DeloSupreme Court of the United States · 1995
- Murray v. CarrierSupreme Court of the United States · 1986
91 more not listed; retrieve them via the Exa API.
3Cited by185 opinions
- Dan Carmichael McCarthan v. Director of Goodwill Industries-Suncoast, Inc.Court of Appeals for the Eleventh Circuit · 2017
- McKay v. United StatesCourt of Appeals for the Eleventh Circuit · 2011
- Royce Brown v. John F. CarawayCourt of Appeals for the Seventh Circuit · 2013
- Mark Hill v. Bart MastersCourt of Appeals for the Sixth Circuit · 2016
- Edwin Marrero v. Richard IvesCourt of Appeals for the Ninth Circuit · 2012
180 more not listed; retrieve them via the Exa API.