Legal Opinion
Bernard Hawkins v. United States
Court of Appeals for the Seventh Circuit
Decided July 31, 2013No. 11-1245PublishedCited by 104 opinions
1Opinion of the Court
POSNER, Circuit Judge.
This opinion, a supplement to the panel opinion reported at 706 F.Bd 820, explains why a majority of the panel does not believe that rehearing is warranted by the Supreme Court’s decision in Peugh v. United States, — U.S. -, 133 S.Ct. 2072, 186 L.Ed.2d 84 (2013), rendered after the panel opinion.
The panel had held that an error in calculating a defendant’s guidelines sentencing range does not justify postconviction relief unless the defendant had, as in Narvaez v. United States, 674 F.3d 621 (7th Cir.2011), been sentenced in the preBooker era, when the guidelines were…
2Cases cited8 opinions
- Brecht v. AbrahamsonSupreme Court of the United States · 1993
- Teague v. LaneSupreme Court of the United States · 1989
- Schriro v. SummerlinSupreme Court of the United States · 2004
- Peugh v. United StatesSupreme Court of the United States · 2013
- Chambers v. United StatesSupreme Court of the United States · 2009
3 more not listed; retrieve them via the Exa API.
3Cited by104 opinions
- United States v. Lavabit, LLC.Court of Appeals for the Fourth Circuit · 2014
- Kevin Spencer v. United StatesCourt of Appeals for the Eleventh Circuit · 2014
- United States v. Quadale ColemanCourt of Appeals for the Seventh Circuit · 2014
- Jeremy Snider v. United StatesCourt of Appeals for the Sixth Circuit · 2018
- United States v. HoskinsCourt of Appeals for the Second Circuit · 2018
99 more not listed; retrieve them via the Exa API.