Legal Opinion

Tolliver v. Dobre

Court of Appeals for the Fifth Circuit

Decided May 3, 2000No. 99-41420PublishedCited by 229 opinions

1Per curiam

In challenging the dismissal of his 28 U.S.C. § 2241 habeas petition, Sylvester Tolliver (federal prisoner # 24806-013) contends that § 2241 is the proper method to collaterally attack his sentence, because a 28 U.S.C. § 2255 motion would be denied as successive, therefore rendering § 2255 ineffective and inadequate. We AFFIRM.

I

A jury convicted Tolliver for conspiracy to possess with intent to distribute cocaine, aiding and abetting that possession, and carrying a firearm during those drug trafficking offenses. The conviction was affirmed on direct appeal. United States v. Tolliver, No.…

2Cases cited8 opinions

  1. In Re James Davenport and Sherman NicholsCourt of Appeals for the Seventh Circuit · 1998
  2. James Charles, (98-5747), Movant (98-0539) v. Ernest v. Chandler, WardenCourt of Appeals for the Sixth Circuit · 1999
  3. United States v. BarrettCourt of Appeals for the First Circuit · 1999
  4. Douglas L. Cox v. Warden, Federal Detention Center, Etc.Court of Appeals for the Federal Circuit · 1990
  5. United States v. Jose CletoCourt of Appeals for the Fifth Circuit · 1992

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

3Cited by229 opinions

  1. Jose Evaristo Reyes-Requena v. United StatesCourt of Appeals for the Fifth Circuit · 2001
  2. Pack v. YusuffCourt of Appeals for the Fifth Circuit · 2000
  3. Benito Jiminian, - V- John Nash, Warden Fci Ray BrookCourt of Appeals for the Second Circuit · 2001
  4. Padilla v. United StatesCourt of Appeals for the Fifth Circuit · 2005
  5. Jeffers v. ChandlerCourt of Appeals for the Fifth Circuit · 2001

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

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