Tuesday, December 22, 2015

United States v. Doe, No. 13-4274, Opinion Published Then Vacated.


This case concerns an appeal from the denial of a 28 U.S.C. §2255 motion filed in 2012 and a request to reopen a separate §2255 motion filed in 2008.  Petitioner was sentenced in federal court in 2003, under the then mandatory Sentencing Guidelines, as a career offender. The procedural and legal history of the case are especially complex, and the case presents a number of procedural and jurisdictional questions, including disputes over statute of limitations, retroactivity, collateral review, and mootness. The Third Circuit published an opinion on this case on December 9, 2015, remanding the case for further proceedings.  However, the Court subsequently vacated the opinion and granted a petition for rehearing.  A new opinion will be filed following rehearing. 
http://www2.ca3.uscourts.gov/opinarch/134274po1.pdf
http://www2.ca3.uscourts.gov/opinarch/134274p1.pdf

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