Legal Opinion

Munoz v. United States

Court of Appeals for the First Circuit

Decided May 29, 2003No. 02-2701PublishedCited by 16 opinions

1Per curiam

After the district court had summarily dismissed his petition to set aside his conviction and sentence under 28 U.S.C. § 2255 (2000)—a statute that provides what we have termed a surrogate for habeas corpus, see Ellis v. United States, 813 F.3d 636, 641 (1st Cir.2002)—petitioner-appellant Christopher Munoz, a federal prisoner, invoked Fed.R.Civ.P. 60(b) and filed a motion for relief from the dismissal order. The district court denied that motion as well. The petitioner appealed and now moves this court for a certificate of appealability (COA). See 28 U.S.C. § 2253. Because his notice of…

2Cases cited6 opinions

  1. Apprendi v. New JerseySupreme Court of the United States · 2000
  2. Browder v. Director, Dept. of Corrections of Ill.Supreme Court of the United States · 1978
  3. Tyler v. CainSupreme Court of the United States · 2001
  4. Rodwell v. PepeCourt of Appeals for the First Circuit · 2003
  5. Raineri v. United StatesCourt of Appeals for the First Circuit · 2000

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3Cited by16 opinions

  1. United States v. Derrek ArringtonCourt of Appeals for the D.C. Circuit · 2014
  2. Curry v. United StatesCourt of Appeals for the Seventh Circuit · 2007
  3. United States v. SpringerCourt of Appeals for the Tenth Circuit · 2017
  4. Ramirez-Burgos v. United StatesDistrict Court, D. Puerto Rico · 2013
  5. United States v. Sevilla-OyolaCourt of Appeals for the First Circuit · 2014

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