Legal Opinion

In re Salas

Court of Appeals for the Fifth Circuit

Decided April 17, 2018No. 14-50674PublishedCited by 4 opinions

1Per curiam

Michael Lara Salas, federal prisoner # 54427-080, seeks authorization to file a second or successive 28 U.S.C. § 2255 motion. In accordance with a written plea agreement under Federal Rule of Criminal Procedure 11(c)(1)(C), Salas is serving a 288-month sentence for trafficking in cocaine and heroin. None of Salas's proposed claims are based on newly discovered evidence. See § 2255(h)(1).

In pertinent part, Salas asserts that he is entitled to relief under Burrage v. United States , --- U.S. ----, 134 S.Ct. 881, 187 L.Ed.2d 715 (2014). In Burrage , the Supreme Court held that, in order to apply…

2Cases cited2 opinions

  1. Burrage v. United StatesSupreme Court of the United States · 2014
  2. Tiofila Santillana v. Jody Upton, WardenCourt of Appeals for the Fifth Circuit · 2017

3Cited by4 opinions

  1. In Re: Joel RodriguezCourt of Appeals for the Fifth Circuit · 2021
  2. Cruz v. United StatesSupreme Court of the United States · 2005
  3. Cruz v. United StatesSupreme Court of the United States · 2005
  4. Hyles v. UptonDistrict Court, N.D. Texas · 2021

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