Legal Opinion
Abernathy v. Wandes
Court of Appeals for the Tenth Circuit
Decided April 8, 2013No. 10-1252PublishedCited by 123 opinions
1Opinion of the Court
HOLMES, Circuit Judge.
Petitioner Gary Abernathy, a federal prisoner, appeals from the judgment of the United States District Court for the District of Colorado, which dismissed his 28 U.S.C. § 2241 petition for a writ of habeas corpus. By way of § 2241, Mr. Abernathy seeks to have an alleged error of law in the calculation of his sentence corrected based upon a subsequently issued Supreme Court decision interpreting the Armed Career Criminal Act (“ACCA”), see Chambers v. United States, 555 U.S. 122, 129 S.Ct. 687, 172 L.Ed.2d 484 (2009), despite the fact that his conviction became final many…
2Cases cited63 opinions
- Steel Co. v. Citizens for a Better EnvironmentSupreme Court of the United States · 1998
- Teague v. LaneSupreme Court of the United States · 1989
- Bousley v. United StatesSupreme Court of the United States · 1998
- Immigration & Naturalization Service v. St. CyrSupreme Court of the United States · 2001
- Singleton v. WulffSupreme Court of the United States · 1976
58 more not listed; retrieve them via the Exa API.
3Cited by123 opinions
- United States v. Gerald WheelerCourt of Appeals for the Fourth Circuit · 2018
- Cox v. GlanzCourt of Appeals for the Tenth Circuit · 2015
- Brown v. BuhmanCourt of Appeals for the Tenth Circuit · 2016
- Johnson v. SpencerCourt of Appeals for the Tenth Circuit · 2020
- Grant v. RoyalCourt of Appeals for the Tenth Circuit · 2018
118 more not listed; retrieve them via the Exa API.