Legal Opinion
Tiofila Santillana v. Jody Upton, Warden
Court of Appeals for the Fifth Circuit
Decided January 16, 2017No. 15-10606PublishedCited by 25 opinions
1Opinion of the Court
JERRY E. SMITH, Circuit Judge:
Tiofila Santillana filed a petition for writ of habeas corpus under 28 U.S.C. § 2241, claiming that she is entitled to relief under Burrage v. United States, — U.S. —, 134 S.Ct. 881, 187 L.Ed.2d 715 (2014). The district court dismissed the petition for lack of jurisdiction, finding that Santillana had not satisfied the “savings clause” of 28 U.S.C. § 2255(e) because Burrage is not retroactively applicable on collateral review. Because Burrage applies retroactively, we reverse and remand.
I
Santillana was convicted in 2009 of distributing a schedule II controlled…
2Cases cited19 opinions
- Apprendi v. New JerseySupreme Court of the United States · 2000
- Bousley v. United StatesSupreme Court of the United States · 1998
- Alleyne v. United StatesSupreme Court of the United States · 2013
- Bailey v. United StatesSupreme Court of the United States · 1995
- Schriro v. SummerlinSupreme Court of the United States · 2004
14 more not listed; retrieve them via the Exa API.
3Cited by25 opinions
- Kurt Harrington v. J. Ray OrmondCourt of Appeals for the Sixth Circuit · 2018
- Abram v. McConnellCourt of Appeals for the Fifth Circuit · 2021
- William Young v. B. AntonelliCourt of Appeals for the Fourth Circuit · 2020
- Donald Harden v. United StatesCourt of Appeals for the Seventh Circuit · 2021
- In re SalasCourt of Appeals for the Fifth Circuit · 2018
20 more not listed; retrieve them via the Exa API.