U.S. v. Montano, No. 03-11950 (11th Cir.) (398 F.3d 1276) (February 4, 2005) (Per Curiam)
Loaded on March 1, 2005
published in Punch and Jurists
March 28, 2005
Filed under:
Punch And Jurists,
Possession or Use of Firearms.
Petitioner sought a rehearing after the United States District Court for the Northern District of Georgia denied his motion seeking leave to file an untimely 28 U.S.C. § 2255 motion to vacate, set aside, or correct his sentence after a guilty plea to violating 18 U.S.C. § 924(c), which …
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More from this issue:
- U.S. v. Montano, No. 03-11950 (11th Cir.) (398 F.3d 1276) (February 4, 2005) (Per Curiam)
- U.S. v. Yarborough, No. 03-3141 (D.C. Cir.) (400 F.3d 17) (March 11, 2005) (Judge A. Raymond Randolph)
- U.S. v. Pimental, No. 99-10310 (D.Mass.) (367 F.Supp.2d 143) (April 21, 2005) (Judge Nancy Gertner)
- Johnson v. Governor of Florida, No. 02-14469 (11th Cir.) (405 F.3d 1214) (April 12, 2005) (Judge Phyllis A. Kravitch)
- Armstrong v. U.S., No. Civ. No. 04-4077 (E.D.Pa.) (382 F.Supp.2d 703) (March 28, 2005) (Judge Juan Ramon Sanchez)
- U.S. v. Vaval, No. 04-0121-cr (2nd Cir.) (404 F.3d 144) (April 12, 2005) (Judge Ralph K. Jr. Winter)
- U.S. v. Dazey, No. 03-6187 (10th Cir.) (403 F.3d 1147) (April 13, 2005) (Judge Michael W. McConnell)
- Castellini v. Lappin, No. Civ. No. 05-10220-PBS (D.Mass.) (365 F.Supp.2d 197) (April 12, 2005) (Judge Patti B. Saris)
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- California Court of Appeal: Trial Courts Have Inherent Authority to Correct Unauthorized Sentences at Any Time Without Habeas Petition, Jan. 1, 2026. Habeas Corpus, Possession or Use of Firearms, Sentences - Authorized, Sentences - Corrections or Modifications of, Effect of Vacatur.
- Third Circuit: No ‘Constructive Possession’ of Firearm Discovered in Trunk of Vehicle Six Months After Defendant’s Arrest, During Which Time He Was Incarcerated and Vehicle Impounded in Tow Lot Whose Sole Security Feature Was a Locked Gate, July 1, 2025. Preponderance of the Evidence Standard, Possession or Use of Firearms, Collective Knowledge Doctrine.
- Seventh Circuit Announces Safety Valve Relief Under § 3553(f) Is Narrower Than Guidelines Firearms Enhancement Under § 2D1.1(b)(1), District Court Erred by Conflating Them, May 15, 2024. U.S. Sentencing Guidelines, Possession or Use of Firearms, Vicarious Liability, Safety Valve.
- Fourth Circuit Announces Rehaif Applies to All § 922(g) Firearms-Possession Offenses and Applies Retroactively to Initial § 2255 Motions, June 15, 2023. Firearms Owners' Protection Act, Possession or Use of Firearms, Knowingly and Voluntarily Made.
- First Circuit Announces ‘Knowingly’ Violating § 922(g)(9) Requires Proof Defendant Knew He Belonged to Category of Persons Prohibited from Possessing Firearms, Mere Knowledge of ‘Features’ of Prior Offense Insufficient, Aug. 15, 2022. Possession or Use of Firearms, Knowingly and Voluntarily Made.
- SCOTUS Rejects Government’s Interpretation of the ACCA’s ‘Occasions Clause’ That Would Make It Possible to Become ‘a Career Criminal in the Space of a Minute’, May 1, 2022. Offense Statutory Maximum, Possession or Use of Firearms.
- Third Circuit, Joining Every Other Circuit That’s Addressed the Issue, Holds Hobbs Act Robbery Does Not Qualify as ‘Crime of Violence’, March 15, 2022. Solicitation to Commit a Crime of Violence, Possession or Use of Firearms, Hobbs Act.
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