Legal Opinion
United States v. Marlon Garth
Court of Appeals for the Third Circuit
Decided August 16, 1999No. 97-1042PublishedCited by 113 opinions
1Opinion of the Court
OPINION OF THE COURT
McKEE, Circuit Judge.
We are asked to decide whether Marlon Garth is procedurally barred from collaterally challenging his guilty plea to the charge of “using or carrying” a firearm “during and in relation to” a drug trafficking crime in violation of 18 U.S.C. § 924(c)(1). The District Court held that Garth had waived his right to collaterally challenge the plea, and dismissed the petition without reaching the merits. This appeal followed.1
We hold that under Bousley v. United States, 523 U.S. 614, 118 S.Ct. 1604, 140 L.Ed.2d 828 (1998), Garth must be afforded the…
2Cases cited40 opinions
- Strickland v. WashingtonSupreme Court of the United States · 1984
- Murray v. CarrierSupreme Court of the United States · 1986
- Teague v. LaneSupreme Court of the United States · 1989
- Bousley v. United StatesSupreme Court of the United States · 1998
- Singleton v. WulffSupreme Court of the United States · 1976
35 more not listed; retrieve them via the Exa API.
3Cited by113 opinions
- Rehaif v. United StatesSupreme Court of the United States · 2019
- Frank Hubbard v. Steven Pinchak the Attorney General of the State of New Jersey Peter VernieroCourt of Appeals for the Third Circuit · 2004
- Nevin G. Sweger, Jr. v. Joseph W. Chesney District Attorney of the County of Cumberland Attorney General of the State of PennsylvaniaCourt of Appeals for the Third Circuit · 2002
- Hunterson v. DiSabatoCourt of Appeals for the Third Circuit · 2002
- Rehaif v. United StatesSupreme Court of the United States · 2019
108 more not listed; retrieve them via the Exa API.