Legal Opinion
United States v. Olvera
Court of Appeals for the Fifth Circuit
Decided January 7, 2015No. 13-51161PublishedCited by 41 opinions
1Opinion of the Court
JERRY E. SMITH, Circuit Judge:
Ignacio Olvera appeals, pro se and in forma pauperis, the dismissal of his 28 U.S.C. § 2255 motion as time-barred. He claims that an amended judgment, entered after his sentence was modified pursuant to Federal Rule of Criminal Procedure 35(b), recommences the one-year limitations period under § 2255(f)(1). In addition, he maintains that the motion was timely because Alleyne v. United States, - U.S. -, 133 S.Ct. 2151, 186 L.Ed.2d 314 (2013), applies retroactively to cases on collateral review. The district court rejected those arguments and issued a certificate…
2Cases cited35 opinions
- Apprendi v. New JerseySupreme Court of the United States · 2000
- Teague v. LaneSupreme Court of the United States · 1989
- Alleyne v. United StatesSupreme Court of the United States · 2013
- Schriro v. SummerlinSupreme Court of the United States · 2004
- Harris v. United StatesSupreme Court of the United States · 2002
30 more not listed; retrieve them via the Exa API.
3Cited by41 opinions
- Crangle v. KellyCourt of Appeals for the Fifth Circuit · 2016
- Commonwealth, Aplt v. Dimatteo, P.Supreme Court of Pennsylvania · 2018
- Nicole Walker v. United StatesCourt of Appeals for the Eighth Circuit · 2016
- United States v. Noel LermaCourt of Appeals for the Fifth Circuit · 2017
- Richard Crayton v. United StatesCourt of Appeals for the Seventh Circuit · 2015
36 more not listed; retrieve them via the Exa API.