Legal Opinion

United States v. Horace Henry Mathews

Court of Appeals for the Ninth Circuit

Decided November 27, 1987No. 86-3867PublishedCited by 95 opinions

1Opinion of the Court

PREGERSON, Circuit Judge:

Horace Henry Mathews filed a motion to vacate and set aside his sentence under Fed.R.Crim.P. 35(a). The district court treated the matter as a motion under 28 U.S.C. § 2255 and denied it.

On appeal, Mathews challenges the district court’s subject matter jurisdiction; he contends that his guilty plea to a federal charge does not conclusively establish jurisdiction. Mathews also contends that the district court erred in dismissing the motion to set aside his sentence as a successive motion under 28 U.S.C. § 2255. He seeks an order remanding the case for an evidentiary…

2Cases cited19 opinions

  1. Brady v. United StatesSupreme Court of the United States · 1970
  2. McCarthy v. United StatesSupreme Court of the United States · 1969
  3. Sanders v. United StatesSupreme Court of the United States · 1963
  4. Hill v. United StatesSupreme Court of the United States · 1962
  5. Mabry v. JohnsonSupreme Court of the United States · 1984

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3Cited by95 opinions

  1. Sogomon Akopyan v. Jo Anne Barnhart, Commissioner of Social Security AdministrationCourt of Appeals for the Ninth Circuit · 2002
  2. United States v. Pedro Velasco-MedinaCourt of Appeals for the Ninth Circuit · 2002
  3. United States v. Truman Tolson and Darrell TolsonCourt of Appeals for the Seventh Circuit · 1993
  4. Securities and Exchange Commission v. Walter Wencke, Theodore Delusignan, Movant-Appellant v. R.N. Gould, Receiver-TrusteeCourt of Appeals for the Ninth Circuit · 1986
  5. United States v. CazaresCourt of Appeals for the Ninth Circuit · 1997

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