Legal Opinion
In Re: Fashina
Court of Appeals for the D.C. Circuit
Decided May 11, 2007No. 06-3002PublishedCited by 30 opinions
1Opinion of the Court
Opinion for the Court filed by Chief Judge GINSBURG.
GINSBURG, Chief Judge.
Convicted of various drug-related offenses in 1994, Olutoyin Fashina petitions for leave to file a successive § 2255 habeas petition in which he contends his sentence was unconstitutional in light of United States v. Booker, 548 U.S. 220, 125 S.Ct. 738, 160 L.Ed.2d 621 (2005). Fashina filed his first habeas petition prior to the passage of the Antiterrorism and Effective Death Penalty Act of 1996 (AEDPA), and claims this request for leave therefore should be evaluated under the pre-AEDPA “cause and prejudice” standard;…
2Cases cited40 opinions
- Apprendi v. New JerseySupreme Court of the United States · 2000
- United States v. BookerSupreme Court of the United States · 2004
- In Re WINSHIPSupreme Court of the United States · 1970
- Gideon v. WainwrightSupreme Court of the United States · 1963
- Gideon v. WainwrightSupreme Court of the United States · 1963
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3Cited by30 opinions
- United States v. DunphyCourt of Appeals for the Fourth Circuit · 2009
- United States v. GoodwinCourt of Appeals for the D.C. Circuit · 2010
- United States v. BranhamCourt of Appeals for the D.C. Circuit · 2008
- Pom Wonderful, LLC v. Federal Trade CommissionCourt of Appeals for the D.C. Circuit · 2015
- United States v. RaglandDistrict Court, District of Columbia · 2008
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