Legal Opinion
In re: Payne
Court of Appeals for the Tenth Circuit
Decided September 17, 2013No. 13-5103PublishedCited by 51 opinions
1Opinion of the Court
ORDER
James Edward Payne moves for authorization to file a second or successive motion to vacate, set aside, or correct his sentence under 28 U.S.C. § 2255. We deny authorization.
In 2003, Mr. Payne pled guilty to conspiracy to manufacture less than fifty grams of a mixture or substance containing methamphetamine in violation of 21 U.S.C. §§ 841(a)(1), (b)(1)(C), and 846. He was sentenced to 240 months’ of imprisonment. Although he did not appeal, he filed, in February 2005, a § 2255 motion asserting that his counsel was ineffective, his change of plea and sentencing hearing violated Federal…
2Cases cited6 opinions
- Apprendi v. New JerseySupreme Court of the United States · 2000
- Alleyne v. United StatesSupreme Court of the United States · 2013
- Schriro v. SummerlinSupreme Court of the United States · 2004
- Tyler v. CainSupreme Court of the United States · 2001
- Browning v. United StatesCourt of Appeals for the Tenth Circuit · 2001
1 more not listed; retrieve them via the Exa API.
3Cited by51 opinions
- Commonwealth v. Washington, T., Aplt.Supreme Court of Pennsylvania · 2016
- United States v. WinkelmanCourt of Appeals for the Third Circuit · 2014
- United States v. Thomas ReyesCourt of Appeals for the Third Circuit · 2014
- In re MazzioCourt of Appeals for the Sixth Circuit · 2014
- United States v. OlveraCourt of Appeals for the Fifth Circuit · 2015
46 more not listed; retrieve them via the Exa API.