Legal Opinion
Edwin Peavy v. United States
Court of Appeals for the Sixth Circuit
Decided August 3, 1994No. 93-3667PublishedCited by 37 opinions
1Opinion of the CourtJoiner, Senior District Judge, joined by Keith, Circuit Judge,
BATCHELDER, Circuit Judge (pp. 1347-50), delivered a separate dissenting opinion.
JOINER, Senior District Judge.
Edwin Peavy appeals the summary dismissal of his motion to vacate sentence under 28 U.S.C. § 2255. We conclude that the factual record developed in the district court provided insufficient basis for the summary dismissal of Peavy’s motion. We therefore reverse and remand for an evidentiary hearing, subject to the limitations we delineate herein.
I
A. Guilty Plea and Sentence
In 1989, Peavy was charged in a two-count indictment with cocaine distribution offenses under 21 U.S.C. §…
2Cases cited15 opinions
- North Carolina v. AlfordSupreme Court of the United States · 1970
- Santobello v. New YorkSupreme Court of the United States · 1971
- Blackledge v. AllisonSupreme Court of the United States · 1977
- MacHibroda v. United StatesSupreme Court of the United States · 1962
- United States v. AddonizioSupreme Court of the United States · 1979
10 more not listed; retrieve them via the Exa API.
3Cited by37 opinions
- Abraham Gladney, Jr. v. Pendleton Correctional Facility and Indiana Department of CorrectionsCourt of Appeals for the Seventh Circuit · 2002
- United States v. Gavin Roderick White, A/K/A Joe WhiteCourt of Appeals for the Fourth Circuit · 2004
- In Re Edward Hanserd, MovantCourt of Appeals for the Sixth Circuit · 1997
- United States v. Anthony Dwayne BarnesCourt of Appeals for the Sixth Circuit · 2002
- United States v. Scott Lukse, Also Known as Scott Luxley (00-6054) Joshua Hight (00-6077)Court of Appeals for the Sixth Circuit · 2002
32 more not listed; retrieve them via the Exa API.