Legal Opinion

Moore v. United States

Court of Appeals for the First Circuit

Decided September 13, 2017No. 16-1612PPublishedCited by 53 opinions

1Opinion of the Court

KAYATTA, Circuit Judge.

Darnell Moore seeks to file a successive motion to vacate his federal sentence under 28 U.S.C. § 2255. Before he can do so, this court must certify that his motion “containfs] ... a new rule of constitutional law, made retroactive to cases on collateral review by the Supreme Court, that was previously unavailable.” 28 U.S.C. § 2255(h). The new rule upon which Moore’s motion relies, according to Moore, is that announced in Johnson v. United States (Johnson II), — U.S. -, 135 S.Ct. 2551, 192 L.Ed.2d 569 (2015). Johnson II declared unconstitutionally vague the residual…

2Cases cited49 opinions

  1. United States v. BookerSupreme Court of the United States · 2004
  2. Teague v. LaneSupreme Court of the United States · 1989
  3. Bousley v. United StatesSupreme Court of the United States · 1998
  4. Miller v. AlabamaSupreme Court of the United States · 2012
  5. Johnson v. United StatesSupreme Court of the United States · 2015

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3Cited by53 opinions

  1. De'Angelo Cross v. United StatesCourt of Appeals for the Seventh Circuit · 2018
  2. United States v. Antonio BlackstoneCourt of Appeals for the Ninth Circuit · 2018
  3. United States v. Roy GreenCourt of Appeals for the Third Circuit · 2018
  4. United States v. PullenCourt of Appeals for the Tenth Circuit · 2019
  5. Brian Williams v. United StatesCourt of Appeals for the Sixth Circuit · 2019

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

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