Legal Opinion
United States v. Shahborn Emmanuel
Court of Appeals for the Fourth Circuit
Decided May 7, 2002No. 00-7578PublishedCited by 52 opinions
1Opinion of the Court
Vacated and remanded by published opinion. Judge TRAXLER wrote the majority opinion, in which Judge NIEMEYER joined. . Judge WIDENER wrote a concurring opinion.
OPINION
TRAXLER, Circuit Judge.
In this appeal, we are asked to decide what procedures a district court should *646follow prior to converting a prisoner’s mislabeled or unlabeled post-conviction motion into the movant’s first § 2255 motion, see 28 U.S.C.A. § 2255 (West Supp.2001). We hold that a district court should give the movant notice of its intent to so construe the motion and an opportunity to supplement or amend the motion to the…
2Cases cited12 opinions
- Apprendi v. New JerseySupreme Court of the United States · 2000
- Jones v. United StatesSupreme Court of the United States · 1999
- Roy Edward Raines v. United States of America, Michael Pasterchik v. United StatesCourt of Appeals for the Fourth Circuit · 1970
- United States v. Quentin Miller, A/K/A "Q" Quentin MillerCourt of Appeals for the Third Circuit · 1999
- Eric Adams v. United StatesCourt of Appeals for the Second Circuit · 1998
7 more not listed; retrieve them via the Exa API.
3Cited by52 opinions
- Castro v. United StatesSupreme Court of the United States · 2003
- United States v. Paul Winestock, Jr.Court of Appeals for the Fourth Circuit · 2003
- John T. Martin v. Edward PerezCourt of Appeals for the Sixth Circuit · 2003
- United States v. BlackstockCourt of Appeals for the Fourth Circuit · 2008
- Mateo Morales v. United StatesCourt of Appeals for the Eighth Circuit · 2002
47 more not listed; retrieve them via the Exa API.