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.pdfhttp://www2.ca3.uscourts.gov/opinarch/134274p1.pdf
