· 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 CourtListenerSourced from CourtListener / Free Law Project (CC0).
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