Legal Opinion
In re: Gilberto Rivero
Court of Appeals for the Eleventh Circuit
Decided August 12, 2015No. 15-13089-CPublishedCited by 39 opinions
1Opinion of the Court
This application for leave to file a second or successive motion to vacate, set aside, or correct a federal sentence requires us to decide whether the decision of the Supreme Court in Johnson v. United States, — U.S. -, 135 S.Ct. 2551, 192 L.Ed.2d 569 (2015), established “a new rule of constitutional law, made retroactive to cases on collateral review by the Supreme *988Court,” 28 U.S.C. § 2255(h)(2). Gilberto Rivero was sentenced as a career offender under what were mandatory United States Sentencing Guidelines, and his judgment of conviction and sentence was upheld on direct appeal and…
2Cases cited20 opinions
- Teague v. LaneSupreme Court of the United States · 1989
- Bousley v. United StatesSupreme Court of the United States · 1998
- Johnson v. United StatesSupreme Court of the United States · 2015
- Atkins v. VirginiaSupreme Court of the United States · 2002
- Bailey v. United StatesSupreme Court of the United States · 1995
15 more not listed; retrieve them via the Exa API.
3Cited by39 opinions
- In Re: Wissam HammoudCourt of Appeals for the Eleventh Circuit · 2019
- Irma Ovalles v. United StatesCourt of Appeals for the Eleventh Circuit · 2018
- Courtney Mays v. United StatesCourt of Appeals for the Eleventh Circuit · 2016
- In re WatkinsCourt of Appeals for the Sixth Circuit · 2015
- Charles Woods v. United StatesCourt of Appeals for the Eighth Circuit · 2015
34 more not listed; retrieve them via the Exa API.