Legal Opinion
United States v. Tucker
Court of Appeals for the Fourth Circuit
Decided April 30, 2010No. 08-6964, 08-7704PublishedCited by 18 opinions
1Opinion of the Court
Vacated and remanded by published opinion. Judge SHEDD wrote the opinion, in which Judge NIEMEYER and Judge BEATY joined.
OPINION
SHEDD, Circuit Judge:
Nicholas Omar Tucker, a federal inmate, filed a motion pursuant to 28 U.S.C. § 2255 alleging that his counsel provided ineffective assistance by (1) failing to object to the use of his misdemeanor assault and battery conviction as a predicate offense for purposes of designating him as an armed career criminal and (2) failing to appeal his sentence on that ground. The district court denied the motion on the basis that Tucker was not prejudiced by…
2Cases cited12 opinions
- Strickland v. WashingtonSupreme Court of the United States · 1984
- Anders v. CaliforniaSupreme Court of the United States · 1967
- Shepard v. United StatesSupreme Court of the United States · 2005
- United States v. PoindexterCourt of Appeals for the Fourth Circuit · 2007
- United States v. Calvin B. MurphyCourt of Appeals for the Sixth Circuit · 1997
7 more not listed; retrieve them via the Exa API.
3Cited by18 opinions
- Richardson v. BrankerCourt of Appeals for the Fourth Circuit · 2012
- Kervinton Valentino v. Harold ClarkeCourt of Appeals for the Fourth Circuit · 2020
- United States v. Michael BernardCourt of Appeals for the Fourth Circuit · 2013
- United States v. Gary SpanCourt of Appeals for the Fourth Circuit · 2015
- United States v. Marcus CrawleyCourt of Appeals for the Fourth Circuit · 2021
13 more not listed; retrieve them via the Exa API.