United States v. William M. Bryson, Jr.
Court of Appeals for the Fourth Circuit
1Opinion of the Court
OPINION
HAMILTON, Circuit Judge:
The issue presented in this case is whether a United States Magistrate Judge, who has accepted a defendant’s guilty plea and imposed sentence in a misdemeanor case with the defendant’s consent, can later entertain a 28 U.S.C. § 2255 motion by the defendant to vacate, set aside, or correct the sentence, and enter an order dismissing the motion without further consent of the defendant. Because we conclude a United States Magistrate Judge is without such authority, we must vacate the magistrate judge’s order dismissing appellant’s § 2255 motion.
I
On May 22, 1985, a…
2Cases cited31 opinions
- Brady v. MarylandSupreme Court of the United States · 1963
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- Gomez v. United StatesSupreme Court of the United States · 1989
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