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Legal Opinion

United States of America v. James Thomas Phillips

Court of Appeals for the Fifth Circuit

Decided April 18, 2000No. 98-50062PublishedCited by 103 opinions

1Opinion of the Court

EMILIO M. GARZA, Circuit Judge:

Federal prisoner James Thomas Phillips filed a motion under 28 U.S.C. § 2255 challenging his 1991 conviction and sentence. The district court denied his motion, and we granted him a certificate of appealability on a single issue. Having considered that issue, we vacate his sentence and remand for resentencing.

I

While conducting an unrelated investigation, Austin police discovered a Chevrolet Suburban in a motel parking lot that was registered to Phillips, a federal fugitive, under an alias. Before the officers could arrest him, he left in a station wagon with…

2Cases cited25 opinions

  1. Strickland v. WashingtonSupreme Court of the United States · 1984
  2. Roe v. Flores-OrtegaSupreme Court of the United States · 2000
  3. United States v. DunniganSupreme Court of the United States · 1993
  4. United States v. StewartCourt of Appeals for the Fifth Circuit · 2000
  5. Sones v. HargettCourt of Appeals for the Fifth Circuit · 1995

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3Cited by103 opinions

  1. Glover v. United StatesSupreme Court of the United States · 2001
  2. United States v. Hugh Von Meshack Lawayne Thomas Linda Parker Terrence Ian Hodges, Also Known as GudaCourt of Appeals for the Fifth Circuit · 2000
  3. United States v. OteroCourt of Appeals for the Third Circuit · 2007
  4. United States v. FieldsCourt of Appeals for the Fifth Circuit · 2009
  5. Charles Dorsey v. William Stephens, DirectorCourt of Appeals for the Fifth Circuit · 2013

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

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