Legal Opinion

United States v. Richard J. McDonald

Court of Appeals for the Ninth Circuit

Decided January 18, 1980No. 79-2532PublishedCited by 36 opinions

1Opinion of the Court

SNEED, Circuit Judge:

Appellant McDonald initiated these proceedings with his motion to vacate a sentence imposed by the district court following the revocation of appellant’s probation. The sentence sought to be vacated was imposed on October 8, 1976 following the vacation of a sentence previously imposed on November 6, 1972 under which appellant was granted probation. Appellant asserts that jurisdiction to consider his motion rests on 28 U.S.C. § 2255 or that the motion should be deemed to have been made pursuant to Federal Rule of Criminal Procedure 35. Because jurisdiction exists in any…

2Cases cited10 opinions

  1. Hill v. United StatesSupreme Court of the United States · 1962
  2. Davis v. United StatesSupreme Court of the United States · 1974
  3. Roberts v. United StatesSupreme Court of the United States · 1943
  4. Durst v. United StatesSupreme Court of the United States · 1978
  5. United States v. Gerson NagelbergCourt of Appeals for the Second Circuit · 1969

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

3Cited by36 opinions

  1. Edward L. Peltier v. Larry Wright, WardenCourt of Appeals for the Ninth Circuit · 1994
  2. Preston v. HecklerCourt of Appeals for the Ninth Circuit · 1984
  3. United States v. Reggie BerryCourt of Appeals for the Ninth Circuit · 1987
  4. United States v. Gerald Dee FosterCourt of Appeals for the Ninth Circuit · 1990
  5. United States v. Melvin Thomas Wilcox, AKA Duke Taylor, Alfred Cameron, United States of America v. Alfred Lewis CameronCourt of Appeals for the Ninth Circuit · 1981

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

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