Legal Opinion
Hector Garcia v. United States
Court of Appeals for the Eleventh Circuit
Decided January 9, 2002No. 00-15480PublishedCited by 21 opinions
1Opinion of the Court
BARKETT, Circuit Judge:
Hector Garcia, a federal prisoner, appeals the dismissal as untimely of his motion to vacate his sentence pursuant to 28 U.S.C. § 2255. Garcia argues that his motion was timely because he is entitled to retroactive application of the rule an nounced in Gray v. Maryland, 523 U.S. 185, 118 S.Ct. 1151, 140 L.Ed.2d 294 (1998), which he contends invalidates the district court’s admission at his trial of the redacted post-arrest statement of a non-testifying co-defendant. Because of this error, Garcia argues that he is entitled to a new trial. We affirm.
BACKGROUND
Since the…
2Cases cited19 opinions
- Bruton v. United StatesSupreme Court of the United States · 1968
- Teague v. LaneSupreme Court of the United States · 1989
- Davis v. AlaskaSupreme Court of the United States · 1974
- Richardson v. MarshSupreme Court of the United States · 1987
- Kentucky v. StincerSupreme Court of the United States · 1987
14 more not listed; retrieve them via the Exa API.
3Cited by21 opinions
- Michael Donald Dodd v. United StatesCourt of Appeals for the Eleventh Circuit · 2004
- Foxworth v. St. AmandCourt of Appeals for the First Circuit · 2009
- United States v. Andre SwintonCourt of Appeals for the Third Circuit · 2003
- Ronnie Maurice Howard v. United StatesCourt of Appeals for the Eleventh Circuit · 2004
- Butterworth v. United StatesCourt of Appeals for the First Circuit · 2015
16 more not listed; retrieve them via the Exa API.