Legal Opinion
Stewart v. United States
Court of Appeals for the Eleventh Circuit
Decided July 14, 2011No. 09-15821PublishedCited by 98 opinions
1Opinion of the Court
WILSON, Circuit Judge:
Within weeks of being sentenced as a career offender, Sherodney Stewart set out, pro se, to have his predicate state convictions vacated. He succeeded. He then filed a motion under 28 U.S.C. § 2255, which is the subject of this appeal. It was his second such motion, but because it was not “second or successive” as that term is understood in context of the Anti-terrorism and Effective Death Penalty Act (“AEDPA”), we reverse the district court’s dismissal and remand for resentencing.
I. BACKGROUND
Stewart pleaded guilty by agreement to distributing more than 50 grams of…
2Cases cited32 opinions
- Haines v. KernerSupreme Court of the United States · 1972
- McCleskey v. ZantSupreme Court of the United States · 1991
- Ford v. WainwrightSupreme Court of the United States · 1986
- Felker v. TurpinSupreme Court of the United States · 1996
- Washington v. HarperSupreme Court of the United States · 1990
27 more not listed; retrieve them via the Exa API.
3Cited by98 opinions
- Kevin Spencer v. United StatesCourt of Appeals for the Eleventh Circuit · 2014
- Ace Patterson v. Secretary, Florida Department of CorrectionsCourt of Appeals for the Eleventh Circuit · 2017
- Gino Velez Scott v. United StatesCourt of Appeals for the Eleventh Circuit · 2018
- Steven Bernard Boyd v. United StatesCourt of Appeals for the Eleventh Circuit · 2014
- United States v. Robert HairstonCourt of Appeals for the Fourth Circuit · 2014
93 more not listed; retrieve them via the Exa API.