Legal Opinion
Arthur Charles Elzy, Jr. v. United States
Court of Appeals for the Sixth Circuit
Decided March 1, 2000No. 98-6223PublishedCited by 97 opinions
1Opinion of the Court
OPINION
BATCHELDER, Circuit Judge.
Defendant-Appellant Arthur Charles Elzy appeals from the district court’s order denying his 28 U.S.C. § 2255 motion to vacate his sentence. Elzy’s motion claims that the Government breached the terms of the written plea agreement pursuant to which he was convicted and sentenced, a claim Elzy did not raise either at sentencing or on direct appeal. The district court denied the motion on its merits. Because we hold that Elzy’s claim is procedurally defaulted and he has not demonstrated the cause and prejudice required to excuse that default, we AFFIRM the…
2Cases cited14 opinions
- Coleman v. ThompsonSupreme Court of the United States · 1991
- Murray v. CarrierSupreme Court of the United States · 1986
- United States v. FradySupreme Court of the United States · 1982
- Santobello v. New YorkSupreme Court of the United States · 1971
- Keeney v. Tamayo-ReyesSupreme Court of the United States · 1992
9 more not listed; retrieve them via the Exa API.
3Cited by97 opinions
- Frank Howard v. Barbara Bouchard, WardenCourt of Appeals for the Sixth Circuit · 2005
- Charles L. Lorraine v. Ralph Coyle, WardenCourt of Appeals for the Sixth Circuit · 2002
- Henry Hodges v. Stanton Heidle, WardenCourt of Appeals for the Sixth Circuit · 2013
- Cristini v. McKeeCourt of Appeals for the Sixth Circuit · 2008
- Donavon Huff v. United StatesCourt of Appeals for the Sixth Circuit · 2013
92 more not listed; retrieve them via the Exa API.