Legal Opinion
United States v. Larry D. Richards
Court of Appeals for the Tenth Circuit
Decided September 23, 1993No. 92-4197PublishedCited by 89 opinions
1Opinion of the Court
STEPHEN H. ANDERSON, Circuit Judge.
The United States appeals the grant of Larry D. Richards’ motion to correct his sentence pursuant to 28 U.S.C. § 2255. The government argues on appeal that Richards’ motion was procedurally barred for his failure to raise the issue on direct appeal or in an earlier § 2255 motion, and that the original sentence was correctly determined. Because we agree that Richards’ motion is an abuse of the writ, we reverse without deciding the other issues presented by this appeal.
BACKGROUND
Richards pled guilty to possession of 1 kilogram or more of a mixture containing a…
2Cases cited17 opinions
- Murray v. CarrierSupreme Court of the United States · 1986
- Engle v. IsaacSupreme Court of the United States · 1982
- McCleskey v. ZantSupreme Court of the United States · 1991
- Sawyer v. WhitleySupreme Court of the United States · 1992
- Smith v. MurraySupreme Court of the United States · 1986
12 more not listed; retrieve them via the Exa API.
3Cited by89 opinions
- Donovan Spence v. Superintendent, Great Meadow Correctional Facility, and Commissioner, New York State Department of Correctional ServicesCourt of Appeals for the Second Circuit · 2000
- United States v. Michael J. Mikalajunas, United States of America v. Craig E. Largent, United States of America v. Michael J. MikalajunasCourt of Appeals for the Fourth Circuit · 1999
- McKay v. United StatesCourt of Appeals for the Eleventh Circuit · 2011
- Sones v. HargettCourt of Appeals for the Fifth Circuit · 1995
- Ezell Gilbert v. United StatesCourt of Appeals for the Eleventh Circuit · 2011
84 more not listed; retrieve them via the Exa API.