Legal Opinion
United States v. Shipp
Court of Appeals for the Tenth Circuit
Decided December 16, 2009No. 08-5157PublishedCited by 57 opinions
1Opinion of the Court
SEYMOUR, Circuit Judge.
Mr. Vauda Virgle Shipp, Jr., appeals the district court’s denial of his 28 U.S.C. § 2255 habeas petition. We granted a certificate of appealability (“COA”) on one issue: whether “Chambers v. United States, — U.S. -, 129 S.Ct. 687, 172 L.Ed.2d 484 (2009), applies retroactively on collateral review to convictions that were final at the time the case was decided by the Supreme Court.” See May 1, 2009 Order. We conclude that Mr. Shipp is entitled to retroactive application of Chambers to his § 2255 petition. Accordingly, we reverse and remand.
I
On September 14, 2005, Mr.…
2Cases cited35 opinions
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- Apprendi v. New JerseySupreme Court of the United States · 2000
- Miller-El v. CockrellSupreme Court of the United States · 2003
- In Re WINSHIPSupreme Court of the United States · 1970
- Teague v. LaneSupreme Court of the United States · 1989
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3Cited by57 opinions
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- Clark v. WilsonCourt of Appeals for the Tenth Circuit · 2010
- Narvaez v. United StatesCourt of Appeals for the Seventh Circuit · 2011
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