Legal Opinion
United States v. Roger Andrew Talk, A/K/A Roderick Talk
Court of Appeals for the Tenth Circuit
Decided September 11, 1998No. 97-2088PublishedCited by 56 opinions
1Opinion of the Court
LUCERO, Circuit Judge.
Roger Andrew Talk moves this court to vacate his sentence pursuant to 28 U.S.C. § 2255. His motion is based on Koon v. United States, 518 U.S. 81, 116 S.Ct. 2035, 135 L.Ed.2d 392 (1996), which, he argues, changed the standard of review applied on appeal to a sentencing court’s departure from the sentencing guidelines. More precisely, he argues that under Koon this court erred by rejecting downward departures awarded to him on two occasions by the United States District Court for the District of New Mexico. According to appellant, had we reviewed those departures under…
2Cases cited42 opinions
- Teague v. LaneSupreme Court of the United States · 1989
- United States v. FradySupreme Court of the United States · 1982
- Bousley v. United StatesSupreme Court of the United States · 1998
- Koon v. United StatesSupreme Court of the United States · 1996
- Bailey v. United StatesSupreme Court of the United States · 1995
37 more not listed; retrieve them via the Exa API.
3Cited by56 opinions
- Peter M. Gatlin v. M.K. Madding, Warden Attorney General of the State of California People of the State of CaliforniaCourt of Appeals for the Ninth Circuit · 1999
- United States v. Angel Cepero A/K/A Angel Villar-Cepero A/K/A Mosquito Angel CeperoCourt of Appeals for the Third Circuit · 2000
- Ellis v. CCA OF TENNESSEE LLCCourt of Appeals for the Seventh Circuit · 2011
- Daniels v. United StatesCourt of Appeals for the Tenth Circuit · 2001
- Antonio Rosario Jose Jeres Antonio Ramirez v. United StatesCourt of Appeals for the Second Circuit · 1998
51 more not listed; retrieve them via the Exa API.