Legal Opinion

United States v. Charles Richard Stumpf

Court of Appeals for the Fifth Circuit

Decided May 11, 1990No. 89-2209PublishedCited by 38 opinions

1Opinion of the Court

PATRICK E. HIGGINBOTHAM, Circuit Judge:

Charles R. Stumpf appeals from the district court’s denial of his Rule 35(a) motion to correct an illegal sentence, arguing that his sentence is illegal because it includes restitution as a condition of probation and he was not warned that restitution might be ordered if he pleaded guilty. Considering Stumpf’s untimely 35(a) motion as a petition for habeas corpus, we conclude that the ordered restitution was within the penalty range explained before the plea and that there was no “complete miscarriage of justice or process inconsistent with the…

2Cases cited10 opinions

  1. Bearden v. GeorgiaSupreme Court of the United States · 1983
  2. United States v. TimmreckSupreme Court of the United States · 1979
  3. United States v. Darlene G. BrucheyCourt of Appeals for the Fourth Circuit · 1987
  4. United States v. William B. Prince, Jr.Court of Appeals for the Fifth Circuit · 1989
  5. United States v. Jesse Angel CevallosCourt of Appeals for the Fifth Circuit · 1976

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

3Cited by38 opinions

  1. United States v. Maggie PowellCourt of Appeals for the Fifth Circuit · 2003
  2. United States v. Christopher VialvaCourt of Appeals for the Fifth Circuit · 2014
  3. United States v. Wayne Boyd SeyfertCourt of Appeals for the Fifth Circuit · 1995
  4. United States v. Edward Lee CatesCourt of Appeals for the Fifth Circuit · 1992
  5. United States v. John Charles FoxCourt of Appeals for the Seventh Circuit · 1991

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

Showing a preview — retrieve the full document via the Exa API.

Powered by the Exa API