Legal Opinion
Murphy v. United States
Court of Appeals for the Eleventh Circuit
Decided March 8, 2011No. 07-14823, 07-14825PublishedCited by 105 opinions
1Opinion of the Court
TJOFLAT, Circuit Judge:
The issue in this case is whether a district court order reducing a defendant’s sentence pursuant to Federal Rule of Criminal Procedure 35(b) 1 for the defendant’s substantial assistance is a new “judgment of conviction” that resets the one-year statute of limitations for filing a motion to vacate a conviction and sentence under 28 U.S.C. § 2255. 2 The district court held that its Rule 35(b) order did not reset the clock and dismissed the petitioner’s § 2255 motion. We affirm.
I
A
From 2001 to 2003, Robert Marshal Murphy, the petitioner, helped lead an “entrenched”…
2Cases cited26 opinions
- United States v. BookerSupreme Court of the United States · 2004
- Larry Bonner v. City of Prichard, AlabamaCourt of Appeals for the Eleventh Circuit · 1981
- Burton v. StewartSupreme Court of the United States · 2007
- Clay v. United StatesSupreme Court of the United States · 2003
- Magwood v. PattersonSupreme Court of the United States · 2010
21 more not listed; retrieve them via the Exa API.
3Cited by105 opinions
- Crangle v. KellyCourt of Appeals for the Fifth Circuit · 2016
- Gino Velez Scott v. United StatesCourt of Appeals for the Eleventh Circuit · 2018
- Michael Duane Zack, III v. Kenneth S. TuckerCourt of Appeals for the Eleventh Circuit · 2013
- United States v. OlveraCourt of Appeals for the Fifth Circuit · 2015
- In Re: Billy LamptonCourt of Appeals for the Fifth Circuit · 2012
100 more not listed; retrieve them via the Exa API.