Legal Opinion
Browning v. United States
Court of Appeals for the Tenth Circuit
Decided March 1, 2001No. 00-7096PublishedCited by 54 opinions
1Opinion of the Court
SEYMOUR, Circuit Judge.
Edwin Gayle Browning requests leave to file a second or successive application for a writ of habeas corpus pursuant to 28 U.S.C. § 2255 (1996), arguing the Supreme Court’s recent decision in Apprendi v. New Jersey, 530 U.S. 466, 120 S.Ct. 2848, 147 L.Ed.2d 435 (2000), renders his sentence unconstitutional. We may grant leave to file such an application if it relies upon “a new rule of constitutional law, made retroactive to cases on collateral review by the Supreme Court, that was previously unavailable.” 28 U.S.C. § 2255. We granted en banc review to consider the…
2Cases cited24 opinions
- Apprendi v. New JerseySupreme Court of the United States · 2000
- Teague v. LaneSupreme Court of the United States · 1989
- Bousley v. United StatesSupreme Court of the United States · 1998
- Cage v. LouisianaSupreme Court of the United States · 1990
- In Re Avery W. Vial, MovantCourt of Appeals for the Fourth Circuit · 1997
19 more not listed; retrieve them via the Exa API.
3Cited by54 opinions
- United States v. Orlando MoraCourt of Appeals for the Tenth Circuit · 2002
- Daniels v. United StatesCourt of Appeals for the Tenth Circuit · 2001
- United States v. TorresCourt of Appeals for the Tenth Circuit · 2002
- United States v. Chang HongCourt of Appeals for the Tenth Circuit · 2011
- In re: PayneCourt of Appeals for the Tenth Circuit · 2013
49 more not listed; retrieve them via the Exa API.