Legal Opinion

United States v. Eddie Wiese, Jr.

Court of Appeals for the Fifth Circuit

Decided July 23, 2018No. 17-50445PublishedCited by 37 opinions

1Opinion of the Court

HAYNES, Circuit Judge:

We granted Eddie Ray Wiese, Jr. a certificate of appealability on his successive habeas corpus motion. He argues that his sentence should not have been enhanced under the Armed Career Criminal Act ("ACCA"). Because Wiese had not established a jurisdictional predicate for his successive habeas motion at the district court level, we VACATE the district *722 court's judgment and DISMISS Wiese's motion for lack of jurisdiction.

I. Background

In 2003, Wiese was charged under 18 U.S.C. §§ 922 (g)(1) and 924(a)(2) with being a felon in possession of a firearm following a 1988 Texas…

2Cases cited29 opinions

  1. Blakely v. WashingtonSupreme Court of the United States · 2004
  2. Johnson v. United StatesSupreme Court of the United States · 2015
  3. Shepard v. United StatesSupreme Court of the United States · 2005
  4. Gonzalez v. CrosbySupreme Court of the United States · 2005
  5. Mathis v. United StatesSupreme Court of the United States · 2016

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

3Cited by37 opinions

  1. Pamela Golinveaux v. United StatesCourt of Appeals for the Eighth Circuit · 2019
  2. United States v. Glen ClayCourt of Appeals for the Fifth Circuit · 2019
  3. United States v. Vargas-SotoCourt of Appeals for the Fifth Circuit · 2022
  4. In Re: Orlando HallCourt of Appeals for the Fifth Circuit · 2020
  5. Jerome Julius Weeks v. United StatesCourt of Appeals for the Eleventh Circuit · 2019

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

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