Derrick Downs-Morgan v. United States
Court of Appeals for the Eleventh Circuit
1Opinion of the Court
ALBERT J. HENDERSON, Circuit Judge:
Derrick Downs-Morgan appeals from an order of the United States District Court for the Southern District of Florida deny*1536ing his petition to vacate his sentence pursuant to 28 U.S.C. § 2255 without first conducting an evidentiary hearing. Because the facts alleged in the petition warrant collateral relief, we reverse and remand for an evidentiary hearing.
Morgan, a resident of Nicaragua, was indicted in the district court for conspiracy to import marijuana in violation of 21 U.S.C. §§ 952(a), 963 (Count I) and possession with intent to distribute marijuana in…
2Cases cited51 opinions
- Strickland v. WashingtonSupreme Court of the United States · 1984
- Larry Bonner v. City of Prichard, AlabamaCourt of Appeals for the Eleventh Circuit · 1981
- North Carolina v. AlfordSupreme Court of the United States · 1970
- Brady v. United StatesSupreme Court of the United States · 1970
- Cuyler v. SullivanSupreme Court of the United States · 1980
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- United States v. Monica Joyce CampbellCourt of Appeals for the Eleventh Circuit · 1985
- Kovacs v. United StatesCourt of Appeals for the Second Circuit · 2014
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