Legal Opinion

United States v. Angel Cepero A/K/A Angel Villar-Cepero A/K/A Mosquito Angel Cepero

Court of Appeals for the Third Circuit

Decided August 17, 2000No. 99-3047PublishedCited by 229 opinions

1Opinion of the Court

OPINION OF THE COURT

ALDISERT, Circuit Judge:

We must decide whether the Antiterrorism and Effective Death Penalty Act of 1996 precludes our review of Appellant’s unsuccessful § 2255 motion to correct his sentence, notwithstanding the District Court’s issuance of a certificate of appeala-bility under 28 U.S.C. § 2258. Appellant contends that the District Court erred by sentencing him under U.S.S.G. § 2D1.1 because the Government did not prove the substance involved in his criminal offenses was crack cocaine. The court order declared: “A certificate of appealability on the crack-enhancement is…

2Cases cited37 opinions

  1. Slack v. McDanielSupreme Court of the United States · 2000
  2. Apprendi v. New JerseySupreme Court of the United States · 2000
  3. Steel Co. v. Citizens for a Better EnvironmentSupreme Court of the United States · 1998
  4. Pennhurst State School and Hospital v. HaldermanSupreme Court of the United States · 1984
  5. Edelman v. JordanSupreme Court of the United States · 1974

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3Cited by229 opinions

  1. Gonzalez v. ThalerSupreme Court of the United States · 2012
  2. Lambert v. BlackwellCourt of Appeals for the Third Circuit · 2004
  3. Burkey v. MarberryCourt of Appeals for the Third Circuit · 2009
  4. Charles Bruce v. Warden Lewisburg USPCourt of Appeals for the Third Circuit · 2017
  5. Shawn Owens v. William E. Boyd, Warden, Western Illinois Correctional CenterCourt of Appeals for the Seventh Circuit · 2000

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