Legal Opinion

Kevin Spencer v. United States

Court of Appeals for the Eleventh Circuit

Decided November 14, 2014No. 10-10676PublishedCited by 178 opinions

1Opinion of the Court

WILLIAM PRYOR, Circuit Judge:

This appeal concerns whether a federal prisoner may relitigate an alleged misapplication of the advisory United States Sentencing Guidelines in a collateral attack on a final sentence. After he pleaded guilty to distributing cocaine and we affirmed the judgment against him, Kevin Spencer moved to vacate his sentence of imprisonment, 28 U.S.C. § 2255, for an alleged error in the application of the advisory guidelines. Spencer argues that an intervening decision of the Supreme Court, Begay v. United States, 553 U.S. 137, 128 S.Ct. 1581, 170 L.Ed.2d 490 (2008), makes…

2Cases cited48 opinions

  1. Slack v. McDanielSupreme Court of the United States · 2000
  2. Gall v. United StatesSupreme Court of the United States · 2007
  3. Schlup v. DeloSupreme Court of the United States · 1995
  4. Murray v. CarrierSupreme Court of the United States · 1986
  5. Wainwright v. SykesSupreme Court of the United States · 1977

43 more not listed; retrieve them via the Exa API.

3Cited by178 opinions

  1. United States v. Jesus Rosales-BrunoCourt of Appeals for the Eleventh Circuit · 2015
  2. United States v. Wesley FooteCourt of Appeals for the Fourth Circuit · 2015
  3. Christopher Moody v. United StatesCourt of Appeals for the Sixth Circuit · 2020
  4. Jeremy Snider v. United StatesCourt of Appeals for the Sixth Circuit · 2018
  5. Dwight Bullard v. United StatesCourt of Appeals for the Sixth Circuit · 2019

173 more not listed; retrieve them via the Exa API.

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