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· 2/3/2017

in Re: David E. Martin

Citations

  • 523 S.W.3d 165
  • 2017 WL 474466
  • 2017 Tex. App. LEXIS 995

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

  • holding that a defendant’s misclassification as a career offender under the mandatory Guidelines constitutes a fundamental defect
  • holding that pre-Booker mandatory career offender sentencing error is sufficiently grave under Wheeler; distinguishing Foote
  • holding that “a misapplied career offender enhancement” under the advisory guidelines would not be a fundamental defect for purposes of the savings clause in § 2241 petitions
  • noting that Lester’s case was held in abeyance from 2013 to 2018 while the Fourth Circuit decided “three potentially relevant cases”’
  • explaining that Fourth Circuit, in reliance on a Supreme Court decision, had issued a published decision changing the law and thus the second Wheeler prong was satisfied
  • noting that petitioner could not meet § 2255(h)'s gatekeeping provisions because the case on which his claim was based was a “decision of statutory interpretation, not constitutional law’’

Source: CourtListener parenthetical corpus (CC0).

Judges: Wright, Lang, Brown

Read full opinion on CourtListener

Sourced from CourtListener / Free Law Project (CC0).

This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.