United States v. Samuel Lee Oliver

As I believe the majority’s decision, which permits a trial court to dismiss a petition under 28 U.S.C. § 2255 as an abuse of the writ without providing notice and an opportunity to be heard to the petitioner, is ill-founded, I must respectfully dissent.

It is unnecessary to repeat the majority’s recitation of the facts and procedural history of Oliver’s repeated attempts to attack his sentence on constitutional grounds. Indeed, it is more beneficial to a correct legal analysis of Oliver’s appeal to focus here on the precise issue presented, rather than the probable weakness of the merits of…