Legal Opinion
Jeffrey Russo v. United States
Court of Appeals for the Eighth Circuit
Decided September 6, 2018No. 17-2424PublishedCited by 22 opinions
1Opinion of the Court
COLLOTON, Circuit Judge.
Jeffrey Russo sought post-conviction relief in the district court 1 on the ground that his sentence was imposed in violation of the Constitution. Russo was sentenced under the United States Sentencing Guidelines when they were mandatory. He asserts that in light of Johnson v. United States , --- U.S. ----, 135 S.Ct. 2551 , 192 L.Ed.2d 569 (2015), the district court violated his rights under the Due Process Clause by sentencing him as a career offender based on the residual clause of USSG § 4B1.2(a)(2). The district court dismissed Russo's claim as untimely on the view…
2Cases cited18 opinions
- United States v. BookerSupreme Court of the United States · 2004
- Teague v. LaneSupreme Court of the United States · 1989
- Johnson v. United StatesSupreme Court of the United States · 2015
- Welch v. United StatesSupreme Court of the United States · 2016
- Lambrix v. SingletarySupreme Court of the United States · 1997
13 more not listed; retrieve them via the Exa API.
3Cited by22 opinions
- Russell Peden v. United StatesCourt of Appeals for the Eighth Circuit · 2019
- United States v. PullenCourt of Appeals for the Tenth Circuit · 2019
- United States v. Barton CrandallCourt of Appeals for the Eighth Circuit · 2022
- Jose Alberto Mora-Higuera v. United StatesCourt of Appeals for the Eighth Circuit · 2019
- Todd D'Antoni v. United StatesCourt of Appeals for the Seventh Circuit · 2019
17 more not listed; retrieve them via the Exa API.