Legal Opinion

Freddy Carmona v. United States

Court of Appeals for the Second Circuit

Decided November 29, 2004No. 04-4994-OPPublishedCited by 11 opinions

1Per curiam

Freddy Carmona, pro se and incarcerated, moves in this Court for authorization to file a second or successive § 2255 petition, challenging his 1999 federal court convictions for: (1) conspiring to distribute, and to possess with intent to distribute, cocaine, in violation of 21 U.S.C. § 846, and (2) resisting arrest with the use of a dangerous weapon, in violation of 18 U.S.C. § 111(b). The single claim for relief raised in this, Carmona’s second application, is based on the rule articulated in Blakely, — U.S. -, 124 S.Ct. 2531, 159 L.Ed.2d 403 (2004), which held that the relevant statutory…

2Cases cited7 opinions

  1. Apprendi v. New JerseySupreme Court of the United States · 2000
  2. Blakely v. WashingtonSupreme Court of the United States · 2004
  3. Tyler v. CainSupreme Court of the United States · 2001
  4. Joseph Corrao v. United StatesCourt of Appeals for the Second Circuit · 1998
  5. United States v. FanfanSupreme Court of the United States · 2004

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

3Cited by11 opinions

  1. Donald G. Green v. United StatesCourt of Appeals for the Second Circuit · 2005
  2. United States v. AgramonteDistrict Court, District of Columbia · 2005
  3. Loher v. StateHawaii Intermediate Court of Appeals · 2008
  4. State v. SmartAlaska Supreme Court · 2009
  5. United States v. StancellDistrict Court, District of Columbia · 2004

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

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