Legal Opinion
United States v. Terrence Smith
Court of Appeals for the Fourth Circuit
Decided July 25, 2013No. 12-7301PublishedCited by 37 opinions
1Opinion of the Court
Affirmed by published opinion. Judge NIEMEYER wrote the opinion, in which Chief Judge TRAXLER and Judge FLOYD joined.
NIEMEYER, Circuit Judge:
In his § 2255 motion, filed in the district court, Terrence Smith challenged the jury instruction given in his underlying trial for witness tampering as defined in 18 U.S.C. § 1512(a). Specifically, Smith argued that the instruction misstated the federal nexus required for the offense, given the Supreme Court’s decision in Fowler v. United States, — U.S. —, 131 S.Ct. 2045, 179 L.Ed.2d 1099 (2011). Fowler, which was handed down after Smith’s conviction…
2Cases cited27 opinions
- Chapman v. CaliforniaSupreme Court of the United States · 1967
- Kotteakos v. United StatesSupreme Court of the United States · 1946
- Brecht v. AbrahamsonSupreme Court of the United States · 1993
- Teague v. LaneSupreme Court of the United States · 1989
- United States v. FradySupreme Court of the United States · 1982
22 more not listed; retrieve them via the Exa API.
3Cited by37 opinions
- Charles Bruce v. Warden Lewisburg USPCourt of Appeals for the Third Circuit · 2017
- United States v. SnyderCourt of Appeals for the Seventh Circuit · 2017
- United States v. Mohamed SaidCourt of Appeals for the Fourth Circuit · 2022
- United States v. Jeffrey BentleyCourt of Appeals for the Third Circuit · 2022
- Michael Daniels v. United StatesCourt of Appeals for the Seventh Circuit · 2019
32 more not listed; retrieve them via the Exa API.