Legal Opinion

In re: Encinias

Court of Appeals for the Tenth Circuit

Decided April 29, 2016No. 16-8038PublishedCited by 20 opinions

1Opinion of the Court

ORDER

PER CURIAM..Jason Thomas Encinias, through counsel, 1 seeks authorization to file a second or successive motion for relief under 28 Ú.S.C. § 2255 to..challenge his enhanced sentence imposed under the career-offender : provision of the United States Sentencing-Guidelines, U.S.S.G. § 4B1.1. He relies on 28 U.S.C. § 2255(h)(2), which permits authorization of claims that contain “a new rule - of constitutional law, made retroactive to cases on collateral review by the Supreme Court, that was previously unavailable.” To obtain authorization, he must make a “prima facie” showing that his claim…

2Cases cited13 opinions

  1. Johnson v. United StatesSupreme Court of the United States · 2015
  2. Welch v. United StatesSupreme Court of the United States · 2016
  3. Peugh v. United StatesSupreme Court of the United States · 2013
  4. Case v. HatchCourt of Appeals for the Tenth Circuit · 2013
  5. United States v. MadridCourt of Appeals for the Tenth Circuit · 2015

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3Cited by20 opinions

  1. In Re: Creadell Hubbard v.Court of Appeals for the Fourth Circuit · 2016
  2. United States v. WashingtonCourt of Appeals for the Tenth Circuit · 2018
  3. Thomas Hoffner, Jr. v.Court of Appeals for the Third Circuit · 2017
  4. Raphael Donnell v. United StatesCourt of Appeals for the Eighth Circuit · 2016
  5. Derrick Young v. United StatesCourt of Appeals for the Ninth Circuit · 2022

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