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· 8/4/2010

Sotirion v. United States

Citations

  • 617 F.3d 27
  • 106 A.F.T.R.2d (RIA) 5622
  • 2010 U.S. App. LEXIS 16130
  • 2010 WL 3025511

How courts have described this case

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

  • holding that the government waived its procedural default defense by failing to raise it in the district court
  • holding that the government waived its procedural default defense in a habeas case by failing to raise it in the district court
  • holding that, even under the Borrero-Acevedo analysis, a defendant \must nevertheless be afforded the opportunity to demonstrate that enforcement of the waiver would work a miscarriage of justice\
  • holding that a district court’s erroneous calculation of a guidelines range “is precisely the kind 4 No. 10-50699, consolidated with No. 10-50700 defendant must demonstrate that the district court made “(1) . . . an error, (2) that is clear and obvious, and (3
  • finding the Government’s procedural default argument waived for failing to raise it as a defense in the district court to a § 2255 petition
  • finding the Government's procedural default argument waived for failing to raise it as a defense in the district court to a § 2255 petition

Source: CourtListener parenthetical corpus (CC0).

Judges: Lipez, Souter, Howard

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.