Legal Opinion

Donald G. Green v. United States

Court of Appeals for the Second Circuit

Decided February 2, 2005No. 04-6564PublishedCited by 33 opinions

1Per curiam

Donald G. Green, pro se and incarcerated, moves in this Court for authorization to file a second or successive petition pursuant to 28 U.S.C. § 2255, challenging his 1994 federal court sentences for convictions on numerous counts related to racketeering and narcotics trafficking. Green was sentenced under the Federal Sentencing Guidelines (“Guidelines”) to four life terms plus 110 years, based in part on sentence-enhancing factors which were found by the district court. Green’s application for leave to file a second or successive motion asserted that his sentence was unconstitutional under…

2Cases cited5 opinions

  1. Apprendi v. New JerseySupreme Court of the United States · 2000
  2. United States v. BookerSupreme Court of the United States · 2004
  3. Blakely v. WashingtonSupreme Court of the United States · 2004
  4. Tyler v. CainSupreme Court of the United States · 2001
  5. Freddy Carmona v. United StatesCourt of Appeals for the Second Circuit · 2004

3Cited by33 opinions

  1. Miguel Guzman v. United StatesCourt of Appeals for the Second Circuit · 2005
  2. In re: Gary BaptisteCourt of Appeals for the Eleventh Circuit · 2016
  3. In Re: ElwoodCourt of Appeals for the Fifth Circuit · 2005
  4. Gallagher v. United StatesCourt of Appeals for the Second Circuit · 2013
  5. In Re: ZambranoCourt of Appeals for the D.C. Circuit · 2006

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