Legal Opinion

Rafael Nunez v. United States

Court of Appeals for the Seventh Circuit

Decided October 17, 1996No. 96-2974PublishedCited by 251 opinions

1Opinion of the Court

EASTERBROOK, Circuit Judge.

Rafael Núñez pleaded guilty to possessing cocaine and marijuana with intent to distribute those drugs, and to using and carrying a firearm during and in relation to a drug offense. He was sentenced to 120 months’ imprisonment. His 1993 motion for relief under 28 U.S.C. § 2255 was denied. We dismissed the appeal after Núñez failed to pay the docketing fee. After the Supreme Court issued its decision in Bailey v. United States, - U.S. -, 116 S.Ct. 501, 133 L.Ed.2d 472 (1995), Núñez filed in the district court a second § 2255 motion, contending that Bailey requires the…

2Cases cited6 opinions

  1. McCleskey v. ZantSupreme Court of the United States · 1991
  2. Bailey v. United StatesSupreme Court of the United States · 1995
  3. Davis v. United StatesSupreme Court of the United States · 1974
  4. Smith v. BarrySupreme Court of the United States · 1992
  5. Gary Burris v. Al C. Parke, Superintendent, Indiana State Prison, and Pamela Carter, Attorney General of the State of IndianaCourt of Appeals for the Seventh Circuit · 1996

1 more not listed; retrieve them via the Exa API.

3Cited by251 opinions

  1. In Re Ocsulis DorsainvilCourt of Appeals for the Third Circuit · 1997
  2. Eric Robinson v. Philip L. Johnson the District Attorney of the County of Philadelphia the Attorney General of the State of Pennsylvania, Mike FisherCourt of Appeals for the Third Circuit · 2002
  3. In Re James Davenport and Sherman NicholsCourt of Appeals for the Seventh Circuit · 1998
  4. In Re Avery W. Vial, MovantCourt of Appeals for the Fourth Circuit · 1997
  5. Ben Gary Triestman v. United StatesCourt of Appeals for the Second Circuit · 1997

246 more not listed; retrieve them via the Exa API.

Showing a preview — retrieve the full document via the Exa API.

Powered by the Exa API