Legal Opinion
Kevin Spencer v. United States
Court of Appeals for the Eleventh Circuit
Decided August 15, 2013No. 10-10676PublishedCited by 17 opinions
1Opinion of the Court
HORNBY, District Judge:
We hold that a defendant who unsuccessfully raised a career offender issue at both sentencing and on direct appeal can use a timely-filed first motion under 28 U.S.C. § 2255 to pursue the same issue when an intervening case from the Supreme Court validates his argument and applies retroactively. Under that intervening case, this defendant’s third degree Florida felony child abuse conviction no longer qualifies as a predicate crime of violence. He therefore is not properly treated as a career offender. We vacate the district court’s denial of his section 2255 motion and…
2Cases cited74 opinions
- United States v. BookerSupreme Court of the United States · 2004
- Gall v. United StatesSupreme Court of the United States · 2007
- Schlup v. DeloSupreme Court of the United States · 1995
- Teague v. LaneSupreme Court of the United States · 1989
- United States v. FradySupreme Court of the United States · 1982
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3Cited by17 opinions
- Kevin Spencer v. United StatesCourt of Appeals for the Eleventh Circuit · 2014
- United States v. Quadale ColemanCourt of Appeals for the Seventh Circuit · 2014
- United States v. Wesley FooteCourt of Appeals for the Fourth Circuit · 2015
- Dudley Bryant, Jr. v. Warden, FCC Coleman - MediumCourt of Appeals for the Eleventh Circuit · 2013
- Jeremy Snider v. United StatesCourt of Appeals for the Sixth Circuit · 2018
12 more not listed; retrieve them via the Exa API.