Garry Lee Moore v. Raymond Roberts, Superintendent of Mississippi State Penitentiary Michael C. Moore, Attorney General, State of Mississippi
Court of Appeals for the Fifth Circuit
1Opinion of the Court
EMILIO M. GARZA, Circuit Judge:
Petitioner Garry Lee Moore filed a habeas corpus petition pursuant to 28 U.S.C. § 2254(b) challenging several prior convictions which were used to enhance a new sentence. The district court rejected Moore’s challenge as procedurally barred for untimeliness, and alternatively as being without merit. We affirm.
I
In 1991, Moore was convicted of burglary in a Mississippi state court. At sentencing, the judge enhanced Moore’s sentence, finding that Moore’s prior convictions in 1983 for burglary and forgery rendered him a habitual offender under Mississippi law. Moore…
2Cases cited18 opinions
- Coleman v. ThompsonSupreme Court of the United States · 1991
- Rose v. LundySupreme Court of the United States · 1982
- Custis v. United StatesSupreme Court of the United States · 1994
- Parke v. RaleySupreme Court of the United States · 1993
- United States v. William D. Davis, United States of America v. Curry James WilliamsCourt of Appeals for the Ninth Circuit · 1994
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3Cited by44 opinions
- Fairman v. AndersonCourt of Appeals for the Fifth Circuit · 1999
- Franklin v. HightowerCourt of Appeals for the Eleventh Circuit · 2000
- Paxton v. WardCourt of Appeals for the Tenth Circuit · 1999
- Matchett v. DretkeCourt of Appeals for the Fifth Circuit · 2004
- Robert Mitchell Pitts v. James v. Anderson, Superintendent, Mississippi State PenitentiaryCourt of Appeals for the Fifth Circuit · 1997
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