Carl Eugene Hines v. United States
Court of Appeals for the Tenth Circuit
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
- Preiser v. RodriguezSupreme Court of the United States · 1973
- United States v. FradySupreme Court of the United States · 1982
- United States v. AddonizioSupreme Court of the United States · 1979
- Granberry v. GreerSupreme Court of the United States · 1987
- United States v. BurkeSupreme Court of the United States · 1992
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3Cited by57 opinions
- United States v. Brian Leslie AllenCourt of Appeals for the Tenth Circuit · 1994
- Rector v. City & County of DenverCourt of Appeals for the Tenth Circuit · 2003
- United States v. Lewis Aaron CookCourt of Appeals for the Tenth Circuit · 1993
- United States v. Scott A. WarnerCourt of Appeals for the Tenth Circuit · 1994
- Acosta v. ArtuzCourt of Appeals for the Second Circuit · 2000
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