Legal Opinion

United States v. Gary A. Phillips

Court of Appeals for the Eleventh Circuit

Decided September 18, 2000No. 98-7034PublishedCited by 132 opinions

1Opinion of the Court

CARNES, Circuit Judge:

Gary A. Phillips attempts to appeal out-of-time the sentence he received after be ing convicted of three counts related to a bank robbery. He contends that when calculating his sentence the district court improperly applied two upward adjustments to his base offense level. We are faced with a threshold issue of appellate jurisdiction, because Phillips did not file his notice of appeal until sixteen days after the district court entered its order granting his 28 U.S.C. § 2255 motion for an out-of-time appeal. Was that too late? Is entry of the order granting a § 2255…

2Cases cited6 opinions

  1. Steel Co. v. Citizens for a Better EnvironmentSupreme Court of the United States · 1998
  2. Smith v. BarrySupreme Court of the United States · 1992
  3. LaChance v. Duffy's Draft House, Inc.Court of Appeals for the Eleventh Circuit · 1998
  4. Horace Edward Hollis v. United StatesCourt of Appeals for the Eighth Circuit · 1982
  5. John M. Rosinski v. United StatesCourt of Appeals for the Sixth Circuit · 1972

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

3Cited by132 opinions

  1. Holly Butcher v. United StatesCourt of Appeals for the Eleventh Circuit · 2004
  2. United States v. Luis Angel Torres-Otero, A/K/A El Enamo, A/K/A Little Luis, A/K/A Primo, Luis A. Torres-Otero v. United StatesCourt of Appeals for the First Circuit · 2000
  3. United States v. WestCourt of Appeals for the Fifth Circuit · 2001
  4. United States v. John Fred ParrishCourt of Appeals for the Eleventh Circuit · 2005
  5. United States v. Gary A. PhillipsCourt of Appeals for the Eleventh Circuit · 2002

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

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