Legal Opinion

In Re Avery W. Vial, Movant

Court of Appeals for the Fourth Circuit

Decided June 16, 1997No. 96-614PublishedCited by 492 opinions

1Opinion of the Court

Motion denied by published opinion. Judge WILKINS wrote the majority opinion, in which Chief Judge WILKINSON and Judges RUSSELL, WIDENER, ERVIN, NIEMEYER, WILLIAMS, and MOTZ join. Judge HAMILTON wrote an opinion concurring in the judgment, in which Judge MOTZ joins. Judge LUTTIG joins in the judgment. Judge HALL wrote a dissenting opinion, in which Judges MURNAGHAN and MICHAEL join.

OPINION

WILKINS, Circuit Judge:

We convened en banc to consider Avery W. Vial’s request for permission to file a second or successive motion to vacate his sentence. See 28 U.S.C.A § 2255 (West 1994), as amended by…

2Cases cited36 opinions

  1. Murray v. CarrierSupreme Court of the United States · 1986
  2. Landgraf v. USI Film ProductsSupreme Court of the United States · 1994
  3. McCleskey v. ZantSupreme Court of the United States · 1991
  4. Bailey v. United StatesSupreme Court of the United States · 1995
  5. Sanders v. United StatesSupreme Court of the United States · 1963

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3Cited by492 opinions

  1. In Re Ocsulis DorsainvilCourt of Appeals for the Third Circuit · 1997
  2. Jose Evaristo Reyes-Requena v. United StatesCourt of Appeals for the Fifth Circuit · 2001
  3. James Charles, (98-5747), Movant (98-0539) v. Ernest v. Chandler, WardenCourt of Appeals for the Sixth Circuit · 1999
  4. United States v. Sean Lamar Sanders, A/K/A Sean Lamont SandersCourt of Appeals for the Fourth Circuit · 2001
  5. Ben Gary Triestman v. United StatesCourt of Appeals for the Second Circuit · 1997

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

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