Legal Opinion

James Eddie Garrett v. United States

Court of Appeals for the Seventh Circuit

Decided May 26, 1999No. 98-2236PublishedCited by 19 opinions

1Per curiam

James Eddie Garrett filed a motion to vacate, set aside, or correct his sentence pursuant to 28 U.S.C. § 2255. The district court dismissed the motion for lack of jurisdiction because Mr. Garrett had failed to seek leave from this court before filing a second or successive motion. See 28 U.S.C. §§ 2255 & 2244; Nunez v. United States, 96 F.3d 990, 991 (7th Cir.1996). Mr. Garrett filed a timely notice of appeal from the district court’s order of dismissal, and the district court granted his request for a certificate of appealability. We now reverse the order of dismissal and remand for further…

2Cases cited10 opinions

  1. Bailey v. United StatesSupreme Court of the United States · 1995
  2. In Re James Davenport and Sherman NicholsCourt of Appeals for the Seventh Circuit · 1998
  3. Rafael Nunez v. United StatesCourt of Appeals for the Seventh Circuit · 1996
  4. Pratt v. United StatesCourt of Appeals for the First Circuit · 1997
  5. Leantry Benton v. Odie WashingtonCourt of Appeals for the Seventh Circuit · 1996

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3Cited by19 opinions

  1. Monroe Johnson III v. United StatesCourt of Appeals for the Seventh Circuit · 1999
  2. David Thai v. United StatesCourt of Appeals for the Second Circuit · 2004
  3. Rickey L. Potts v. United StatesCourt of Appeals for the Seventh Circuit · 2000
  4. Thomas Vitrano v. United StatesCourt of Appeals for the Seventh Circuit · 2013
  5. Ramon Haro-Arteaga v. United StatesCourt of Appeals for the Tenth Circuit · 1999

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