Legal Opinion
Chester McCoy v. United States
Court of Appeals for the Eleventh Circuit
Decided September 25, 2001No. 00-16434PublishedCited by 273 opinions
1Opinion of the Court
HULL, Circuit Judge:
Asserting Apprendi errors, Chester McCoy appeals the district court's order dismissing his initial motion to vacate, filed pursuant to 28 U.S.C. § 2255. After review, we affirm. In doing so, we hold that McCoy’s Apprendi claims in his initial § 2255 motion are not jurisdictional and are barred by Teague’s non-retroactivity standard. Additionally, we hold that because McCoy did not raise his Apprendi claims on direct appeal, he is procedurally barred from raising them in his initial § 2255 motion.
I. BACKGROUND
An indictment charged McCoy with conspiracy to possess with…
2Cases cited63 opinions
- Apprendi v. New JerseySupreme Court of the United States · 2000
- Chapman v. CaliforniaSupreme Court of the United States · 1967
- Gideon v. WainwrightSupreme Court of the United States · 1963
- Gideon v. WainwrightSupreme Court of the United States · 1963
- Teague v. LaneSupreme Court of the United States · 1989
58 more not listed; retrieve them via the Exa API.
3Cited by273 opinions
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- John Angus Wright v. Sec. For the Dept. of Correc.Court of Appeals for the Eleventh Circuit · 2002
- United States v. Juan Sanchez-Cervantes, AKA Hugo Quirox, Quiroc, Quiroz, Quiroz Trejo, and Quiroz TapiaCourt of Appeals for the Ninth Circuit · 2002
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