Legal Opinion

Shaw v. United States

District Court, D. South Dakota

Decided January 22, 1993No. Civ. No. 90-3019, Crim. No. 86-30020-01PublishedCited by 4 opinions

1Opinion of the Court

MEMORANDUM OPINION

DONALD J. PORTER, Senior District Judge.

This action comes before the court as petitioner James F. Shaw, Sr.’s motion to vacate, set aside or correct his sentence, pursuant to 28 U.S.C. § 2255 (1990).

Facts and Proceedings

On August 5, 1986, a jury found petitioner James F. Shaw, Sr. (hereinafter petition er) guilty of seven counts of carnal knowledge, in violation of 18 U.S.C. §§ 1153 and 2032. This conviction resulted from evidence that petitioner engaged in numerous acts of sexual intercourse with his eleven-year old foster daughter. Before trial, his counsel filed two…

2Cases cited21 opinions

  1. Strickland v. WashingtonSupreme Court of the United States · 1984
  2. United States v. Valenzuela-BernalSupreme Court of the United States · 1982
  3. United States v. John David BartlettCourt of Appeals for the Eighth Circuit · 1988
  4. Houser v. United StatesCourt of Appeals for the Eighth Circuit · 1974
  5. United States v. James ShawCourt of Appeals for the Eighth Circuit · 1987

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3Cited by4 opinions

  1. James F. Shaw v. United StatesCourt of Appeals for the Eighth Circuit · 1994
  2. Shaw v. United StatesDistrict Court, D. South Dakota · 1995
  3. United States v. Eagle ThunderDistrict Court, D. South Dakota · 1994
  4. Furnish v. United StatesDistrict Court, E.D. Missouri · 2000

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