Legal Opinion

United States v. Mulay

Court of Appeals for the Tenth Circuit

Decided November 16, 2015No. 14-3248PublishedCited by 2 opinions

1Opinion of the Court

PUBLISHED ORDER

PAUL J. KELLY, JR., Circuit Judge.

Defendant-Appellant Joseph Mulay appeals from the district court’s denial of a joint motion by the parties to vacate his sentence, 28 U.S.C. § 2255. 1 R. 4162; see also United States v. Wetzel-Sanders, No. 04-40156-SAC, 2014 WL 5502407, at *1 (D.Kan. Oct. 30, 2014) (discussing Mr. Mulay’s motion). The district court denied the motion, but granted a certificate of appealability (COA). 28 U.S.C. § 2253(c)(1)(B). The district court did not specify a constitutional issue in granting a COA. We remand to the district court to consider the issue and…

2Cases cited16 opinions

  1. Slack v. McDanielSupreme Court of the United States · 2000
  2. Gonzalez v. ThalerSupreme Court of the United States · 2012
  3. Wood v. MilyardSupreme Court of the United States · 2012
  4. Kevin Spencer v. United StatesCourt of Appeals for the Eleventh Circuit · 2014
  5. Narvaez v. United StatesCourt of Appeals for the Seventh Circuit · 2011

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3Cited by2 opinions

  1. Smith v. United StatesDistrict Court, D. Utah · 2021
  2. United States v. HammonsCourt of Appeals for the Tenth Circuit · 2021

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