Legal Opinion
United States v. Blackstock
Court of Appeals for the Fourth Circuit
Decided January 9, 2008No. 20-2256PublishedCited by 37 opinions
1Opinion of the Court
Vacated and remanded by published opinion. Judge TRAXLER wrote the opinion, in which Judge SHEDD and Judge MOON joined.
OPINION
TRAXLER, Circuit Judge:
We granted a certificate of appealability to permit Ian Ralph Blackstock to challenge the district court’s dismissal of Blackstock’s motion under 28 U.S.C.A. § 2255 as successive. We conclude that the motion was not successive because the district court recharacterized a previous motion filed by Blackstock as a § 2255 motion without giving Blackstock the notice required by Castro v. United States, 540 U.S. 375, 124 S.Ct. 786, 157 L.Ed.2d 778…
2Cases cited7 opinions
- Apprendi v. New JerseySupreme Court of the United States · 2000
- Castro v. United StatesSupreme Court of the United States · 2003
- Sherwood L. Hill v. D. A. Braxton, Buckingham Correctional CenterCourt of Appeals for the Fourth Circuit · 2002
- United States v. Sean Lamar Sanders, A/K/A Sean Lamont SandersCourt of Appeals for the Fourth Circuit · 2001
- Eric Adams v. United StatesCourt of Appeals for the Second Circuit · 1998
2 more not listed; retrieve them via the Exa API.
3Cited by37 opinions
- United States v. Madison McRaeCourt of Appeals for the Fourth Circuit · 2015
- Figuereo-Sanchez v. United StatesCourt of Appeals for the Eleventh Circuit · 2012
- Gooden v. United StatesCourt of Appeals for the Eleventh Circuit · 2010
- Alfonso Ponton v. Secretary, Florida Department of CorrectionsCourt of Appeals for the Eleventh Circuit · 2018
- Richard Thurston v. State of MarylandCourt of Appeals for the Fourth Circuit · 2015
32 more not listed; retrieve them via the Exa API.