55 Cited authorities

  1. Johnson v. United States

    576 U.S. 591 (2015)   Cited 14,251 times   34 Legal Analyses
    Holding residual clause unconstitutionally vague
  2. Bousley v. United States

    523 U.S. 614 (1998)   Cited 13,689 times   10 Legal Analyses
    Holding that the rule announced in Bailey v. United States, 516 U.S. 137, 116 S.Ct. 501, 133 L.Ed.2d 472, which narrowed the scope of the term "use" in § 924(c), applied retroactively
  3. Welch v. United States

    578 U.S. 120 (2016)   Cited 4,891 times   8 Legal Analyses
    Holding that Johnson , which invalidated the Armed Career Criminal Act's residual clause, announced a new substantive rule
  4. Schriro v. Summerlin

    542 U.S. 348 (2004)   Cited 2,209 times   12 Legal Analyses
    Holding "[n]ew substantive rules generally apply retroactively"
  5. United States v. Addonizio

    442 U.S. 178 (1979)   Cited 3,391 times   1 Legal Analyses
    Holding time limits in prior version of Rule 35 are jurisdictional
  6. United States v. Batchelder

    442 U.S. 114 (1979)   Cited 1,723 times   7 Legal Analyses
    Holding that the imposition of different imprisonment terms under different, but partially overlapping, firearm-possession statutes does not violate equal protection
  7. Saffle v. Parks

    494 U.S. 484 (1990)   Cited 975 times   5 Legal Analyses
    Holding that a new rule prohibiting an antisympathy jury instruction did not fall under Teague's first exception
  8. United States v. Foote

    784 F.3d 931 (4th Cir. 2015)   Cited 668 times
    Holding that a subsequently-nullified career offender designation did not constitute a fundamental defect such that the nullified designation could serve as a basis for vacating the sentence, where defendant had been sentenced under an advisory sentencing scheme and neither the offense of conviction nor the state convictions used as predicates for career offender status had been vacated
  9. Spencer v. United States

    773 F.3d 1132 (11th Cir. 2014)   Cited 431 times
    Holding a federal prisoner cannot collaterally attack his sentence based on a misapplication of the advisory guidelines
  10. Price v. United States

    795 F.3d 731 (7th Cir. 2015)   Cited 253 times   2 Legal Analyses
    Holding that because Johnson's rule “prohibit ‘a certain category of punishment for a class of defendants because of their status' ... [t]here is no escaping the logical conclusion that the [Supreme] Court itself has made Johnson categorically retroactive to cases on collateral review”
  11. Section 2255 - Federal custody; remedies on motion attacking sentence

    28 U.S.C. § 2255   Cited 129,965 times   129 Legal Analyses
    Adopting one-year limitations period for §2255 motions
  12. Section 924 - Penalties

    18 U.S.C. § 924   Cited 66,153 times   187 Legal Analyses
    Holding that conviction for eluding police, under Maine statute which provides that "[w]hoever, after being requested or signaled to stop, attempts to elude a law enforcement officer by driving a vehicle at a reckless rate of speed which results in a high-speed chase between the operator's vehicle and any law enforcement vehicle using a blue light and siren is guilty" of a felony-level crime, involves conduct that presents a serious potential risk of physical injury to another for purposes of 18 U.S.C. § 924(e)
  13. Section 2113 - Bank robbery and incidental crimes

    18 U.S.C. § 2113   Cited 11,654 times   20 Legal Analyses
    Providing separate and greater punishment for bank robberies accomplished through 'use of a dangerous weapon or device'
  14. Section 569.030 - [Repealed] Transferred

    Mo. Rev. Stat. § 569.030   Cited 146 times

    § 569.030, RSMo Repealed by 2014 Mo. Laws, SB 491,s A, eff. 1/1/2017. L. 1977 S.B. 60 Effective 1-1-79