Legal Opinion
Alberto Alaniz, Jr. v. United States
Court of Appeals for the Eighth Circuit
Decided December 9, 2003No. 02-2575PublishedCited by 21 opinions
1Opinion of the Court
HANSEN, Circuit Judge.
Alberto Alaniz, Jr. appeals the district court’s denial of his motion under 28 U.S.C. § 2255 (1994 & Supp. V 1999) to vacate, set aside, or correct his sentence. We reverse because the district court erroneously deemed unreviewable a reviewable issue presented in Alaniz’s § 2255 motion.
I
In 1997, a jury found Alaniz guilty of conspiring to possess marijuana with intent to distribute, in violation of 21 U.S.C. § 846 (1994), and distributing marijuana, in violation of 21 U.S.C. § 841 (1994). Because Alaniz was convicted years before the Supreme Court decided Apprendi v. New…
2Cases cited8 opinions
- Strickland v. WashingtonSupreme Court of the United States · 1984
- Apprendi v. New JerseySupreme Court of the United States · 2000
- Massaro v. United StatesSupreme Court of the United States · 2003
- Glover v. United StatesSupreme Court of the United States · 2001
- United States v. Joe Louis SimpkinsCourt of Appeals for the Eighth Circuit · 1992
3 more not listed; retrieve them via the Exa API.
3Cited by21 opinions
- Norris Holder v. United StatesCourt of Appeals for the Eighth Circuit · 2013
- United States v. EasterCourt of Appeals for the Seventh Circuit · 2009
- King v. United StatesCourt of Appeals for the Eighth Circuit · 2010
- Sun Bear v. United StatesCourt of Appeals for the Eighth Circuit · 2010
- United States v. Marlene Martinez-JimenezCourt of Appeals for the Tenth Circuit · 2006
16 more not listed; retrieve them via the Exa API.