Legal Opinion

United States v. Kenneth Ray Martin

Court of Appeals for the Eighth Circuit

Decided May 27, 2005No. 04-2734PublishedCited by 105 opinions

1Opinion of the Court

HEANEY, Circuit Judge.

Kenneth Ray Martin, a federal prisoner, appeals the district court’s denial of his •motion to vacate, set aside, or correct his sentence brought pursuant to 28 U.S.C. § 2255. The court found the motion untimely and that Martin presented no circumstances to excuse its tardiness. We disagree and therefore reverse. • ■

BACKGROUND

None of the facts relevant to this appeal are in dispute. Following a jury trial, Martin was convicted of conspiracy to distribute methamphetamine and possession of methamphetamine with intent to distribute. He was sentenced to 121 months of…

2Cases cited30 opinions

  1. Clay v. United StatesSupreme Court of the United States · 2003
  2. Carey v. SaffoldSupreme Court of the United States · 2002
  3. Kenneth Bernard Rouse v. R.C. Lee, Warden, Central Prison, Raleigh, North CarolinaCourt of Appeals for the Fourth Circuit · 2003
  4. Alixcair Valverde v. James Stinson, Superintendent, Great Meadow Corr. Fac.Court of Appeals for the Second Circuit · 2000
  5. Sergey Spitsyn v. Robert Moore, WardenCourt of Appeals for the Ninth Circuit · 2003

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3Cited by105 opinions

  1. Holland v. FloridaSupreme Court of the United States · 2010
  2. Benito Luna v. Scott KernanCourt of Appeals for the Ninth Circuit · 2015
  3. Artis Whitehead v. State of TennesseeTennessee Supreme Court · 2013
  4. Doe v. BusbyCourt of Appeals for the Ninth Circuit · 2011
  5. Downs v. McNeilCourt of Appeals for the Eleventh Circuit · 2008

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

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