Legal Opinion
United States v. Berry
Court of Appeals for the Ninth Circuit
Decided October 22, 2010No. 08-35002PublishedCited by 88 opinions
1Opinion of the Court
OPINION
TASHIMA, Circuit Judge:
In 2007, almost ten years after he was convicted of two bank robberies, three bombings, and a number of related charges, Robert Berry filed a motion to vacate his conviction under 28 U.S.C. § 2255. Although purportedly brought under § 2255, Berry’s motion largely sought the substantive relief of a motion for a new trial under Federal Rule of Criminal Procedure 33. Because Berry — who proceeded before the district court pro se — mislabeled his claims in this fashion, neither the government nor the district court noticed that the claims were barred by Rule 33’s…
2Cases cited25 opinions
- Daubert v. Merrell Dow Pharmaceuticals, Inc.Supreme Court of the United States · 1993
- Townsend v. SainSupreme Court of the United States · 1963
- Barefoot v. EstelleSupreme Court of the United States · 1983
- Herrera v. CollinsSupreme Court of the United States · 1993
- Hill v. United StatesSupreme Court of the United States · 1962
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3Cited by88 opinions
- Kervinton Valentino v. Harold ClarkeCourt of Appeals for the Fourth Circuit · 2020
- United States v. HiggsCourt of Appeals for the Fourth Circuit · 2011
- Glendale More Jr. v. State of IowaSupreme Court of Iowa · 2016
- United States v. David ScruggsCourt of Appeals for the Fifth Circuit · 2012
- United States v. Lee Vang LorCourt of Appeals for the Tenth Circuit · 2013
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