Legal Opinion

Carl Eugene Hines v. United States

Court of Appeals for the Tenth Circuit

Decided July 20, 1992No. 91-7014PublishedCited by 57 opinions

1Opinion of the Court

EBEL, Circuit Judge.

This is an appeal from denial of a 28 U.S.C. § 2255 motion for collateral relief from a federal sentence. We hold that a court can address sua sponte a § 2255 mov-ant’s failure to raise the issue on direct appeal. Accordingly, we affirm.

FACTS

The Appellant, Carl Eugene Hines, seeks relief from a federal sentence pursuant to § 2255. Hines was convicted and sentenced in federal court for offenses related to amphetamine and methamphetamine under 21 U.S.C. § 841(a)(1). 881 F.2d 844 (10th Cir.) In his § 2255 motion Hines argues that his conviction and sentence for the…

2Cases cited9 opinions

  1. Preiser v. RodriguezSupreme Court of the United States · 1973
  2. United States v. FradySupreme Court of the United States · 1982
  3. United States v. AddonizioSupreme Court of the United States · 1979
  4. Granberry v. GreerSupreme Court of the United States · 1987
  5. United States v. BurkeSupreme Court of the United States · 1992

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

3Cited by57 opinions

  1. United States v. Brian Leslie AllenCourt of Appeals for the Tenth Circuit · 1994
  2. Rector v. City & County of DenverCourt of Appeals for the Tenth Circuit · 2003
  3. United States v. Lewis Aaron CookCourt of Appeals for the Tenth Circuit · 1993
  4. United States v. Scott A. WarnerCourt of Appeals for the Tenth Circuit · 1994
  5. Acosta v. ArtuzCourt of Appeals for the Second Circuit · 2000

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

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