United States v. Gary A. Phillips
Court of Appeals for the Eleventh Circuit
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
- Steel Co. v. Citizens for a Better EnvironmentSupreme Court of the United States · 1998
- Smith v. BarrySupreme Court of the United States · 1992
- LaChance v. Duffy's Draft House, Inc.Court of Appeals for the Eleventh Circuit · 1998
- Horace Edward Hollis v. United StatesCourt of Appeals for the Eighth Circuit · 1982
- 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
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- United States v. WestCourt of Appeals for the Fifth Circuit · 2001
- United States v. John Fred ParrishCourt of Appeals for the Eleventh Circuit · 2005
- United States v. Gary A. PhillipsCourt of Appeals for the Eleventh Circuit · 2002
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