Legal Opinion
United States v. Autry Jones
Court of Appeals for the Fifth Circuit
Decided August 4, 2015No. 13-50475PublishedCited by 25 opinions
1Opinion of the Court
JENNIFER WALKER ELROD, Circuit Judge:
In this case, we must decide whether a sentencing reduction pursuant to 18 U.S.C. § 3582(c)(2) results in a new judgment such that a habeas application attacking the reduced sentence is not “second or successive” to previous habeas applications attacking the sentence. 28 U.S.C. §§ 2244(b), 2255(h). Relying on the plain text of § 3582(c)(2) and on decisions of the Supreme Court and our court interpreting the statute, we hold that a § 3582(c)(2) sentence reduction does not result in a new judgment, but rather only in the modification of an existing one, and…
2Cases cited13 opinions
- United States v. BookerSupreme Court of the United States · 2004
- Dillon v. United StatesSupreme Court of the United States · 2010
- Magwood v. PattersonSupreme Court of the United States · 2010
- United States v. Sean Lamar Sanders, A/K/A Sean Lamont SandersCourt of Appeals for the Fourth Circuit · 2001
- In Re: Shane McClaine Cain, MovantCourt of Appeals for the Fifth Circuit · 1998
8 more not listed; retrieve them via the Exa API.
3Cited by25 opinions
- Michael Stansell v.Court of Appeals for the Sixth Circuit · 2016
- Crangle v. KellyCourt of Appeals for the Fifth Circuit · 2016
- Damien Freeman v. Lyneal WainwrightCourt of Appeals for the Sixth Circuit · 2020
- In Re: Eric CatheyCourt of Appeals for the Fifth Circuit · 2017
- Zack Dyab v. United StatesCourt of Appeals for the Eighth Circuit · 2017
20 more not listed; retrieve them via the Exa API.