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· 2/26/2007

Salome Varela v. United States

Citations

  • 481 F.3d 932
  • 2007 U.S. App. LEXIS 4130
  • 2007 WL 569854

How courts have described this case

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

  • stating that a § 2255 motion is “neither a recapitulation of nor a substitute for a direct appeal”
  • stating that a § 2255 motion is “neither a recapitulation of nor a substitute for a direct appeal” (internal citation and quotation marks omitted)
  • affirming denial of Section 2255 motion on procedural default grounds even though default was not raised by the government
  • “A § 2255 motion is neither a recapitulation of nor a substitute for a direct appeal. Issues that were raised on direct appeal may not be reconsidered on a § 2255 motion absent changed circumstances.” (quotation omitted)
  • A Section 2255 motion “is neither a recapitulation of nor a substitute for a direct appeal.” (quoting Belford v. United States, 975 F.2d 310, 313 (7th Cir. 1992), overruled on other grounds)
  • “A § 2255 motion is neither a recapitulation of nor a substitute for a direct appeal. Issues that were raised on direct appeal may not be reconsidered on a § 2255 motion absent changed circumstances.”

Source: CourtListener parenthetical corpus (CC0).

Judges: Kanne, Rovner, Evans

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.