Legal Opinion

Byers v. United States

Court of Appeals for the Eighth Circuit

Decided April 9, 2009No. 08-1661PublishedCited by 22 opinions

1Opinion of the Court

LIMBAUGH, District Judge.

Jasen Byers appeals the denial of his pro se motion under 28 U.S.C. § 2255 to vacate, set aside, or correct the sentence imposed against him on his conviction for conspiracy to distribute a controlled substance. He filed his motion on the ground that a previously dismissed conviction had been used in the presentence investigation report to increase the statutory mandatory minimum. The district court dismissed the motion as untimely because it was not filed within one year of the judgment of Byers’ conviction. Byers appeals, asserting that the district court 2 erred by…

2Cases cited15 opinions

  1. United States v. FradySupreme Court of the United States · 1982
  2. United States v. Sean Lamar Sanders, A/K/A Sean Lamont SandersCourt of Appeals for the Fourth Circuit · 2001
  3. Hanifi Jihad v. Sheryl Ramstad Hvass, Commissioner of CorrectionsCourt of Appeals for the Eighth Circuit · 2001
  4. Paul Kreutzer v. Michael S. Bowersox, Warden, SuperintendentCourt of Appeals for the Eighth Circuit · 2000
  5. Heriberto Baldayaque v. United StatesCourt of Appeals for the Second Circuit · 2003

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

3Cited by22 opinions

  1. Murphy v. United StatesCourt of Appeals for the Eleventh Circuit · 2011
  2. Ramos-Martinez v. United StatesCourt of Appeals for the First Circuit · 2011
  3. United States v. OlveraCourt of Appeals for the Fifth Circuit · 2015
  4. Johnson v. United StatesDistrict Court, N.D. Iowa · 2012
  5. United States v. Jason SpringerCourt of Appeals for the Eighth Circuit · 2017

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

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