Legal Opinion

United States v. Stacey Sellner

Court of Appeals for the Eighth Circuit

Decided December 15, 2014No. 13-3794PublishedCited by 80 opinions

1Opinion of the Court

WOLLMAN, Circuit Judge.

Federal prisoner Stacey Sellner filed a pro se motion to vacate her conviction pursuant to 28 U.S.C. § 2255, alleging that her attorney had failed to file a notice of appeal as requested. Before the district court ruled on that motion, Sellner filed another § 2255 motion raising a different claim. The district court dismissed Sellner’s first § 2255 motion on the merits without an evidentiary hearing and dismissed her second motion as “second or successive.” We reverse and remand.

I

Sellner pleaded guilty to conspiracy to distribute and possess with intent to distribute…

2Cases cited19 opinions

  1. Erickson v. PardusSupreme Court of the United States · 2007
  2. Estelle v. GambleSupreme Court of the United States · 1976
  3. Alleyne v. United StatesSupreme Court of the United States · 2013
  4. Roe v. Flores-OrtegaSupreme Court of the United States · 2000
  5. Castro v. United StatesSupreme Court of the United States · 2003

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3Cited by80 opinions

  1. Tony Goodrum v. Timothy BusbyCourt of Appeals for the Ninth Circuit · 2016
  2. United States v. TrentCourt of Appeals for the Tenth Circuit · 2018
  3. Teresa Witthar v. United StatesCourt of Appeals for the Eighth Circuit · 2015
  4. Patricio Guzman-Ortiz v. United StatesCourt of Appeals for the Eighth Circuit · 2017
  5. United States v. Charmar BrownCourt of Appeals for the Eighth Circuit · 2019

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