Deangelo Whiteside v. United States
Court of Appeals for the Fourth Circuit
1Opinion of the Court
Vacated and remanded for resentencing by published opinion. Judge GREGORY wrote the majority opinion, in which Senior Judge DAVIS joined. Senior
Judge DAVIS wrote a separate concurring opinion, and Judge WILKINSON wrote a dissenting opinion.
GREGORY, Circuit Judge:
This case presents the question of whether a federal inmate may use a 28 U.S.C. § 2255 motion to challenge a sentence that was based on the career offender enhancement under the United States Sentencing Guidelines when subsequent case law reveals the enhancement to be inapplicable to him. We find that he may, and in doing so hold that…
2Cases cited44 opinions
- Miller-El v. CockrellSupreme Court of the United States · 2003
- United States v. BookerSupreme Court of the United States · 2004
- Gall v. United StatesSupreme Court of the United States · 2007
- Teague v. LaneSupreme Court of the United States · 1989
- Pace v. DiGuglielmoSupreme Court of the United States · 2005
39 more not listed; retrieve them via the Exa API.
3Cited by25 opinions
- Deangelo Whiteside v. United StatesCourt of Appeals for the Fourth Circuit · 2014
- Kevin Spencer v. United StatesCourt of Appeals for the Eleventh Circuit · 2014
- United States v. Quadale ColemanCourt of Appeals for the Seventh Circuit · 2014
- United States v. Wesley FooteCourt of Appeals for the Fourth Circuit · 2015
- United States v. John DoeCourt of Appeals for the Third Circuit · 2015
20 more not listed; retrieve them via the Exa API.