· 10/19/1990
United States v. Edison Jordan
Citations
- 915 F.2d 622
- 1990 U.S. App. LEXIS 18296
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- holding that courts are obligated to “look behind the label” of pro se inmate filings to determine whether they are cognizable under another remedial statutory framework
- stating that Congress “explicitly foreclosed [the Rule 35(a)] route for obtaining judicial review of an allegedly illegal sentence” at any time
- stating that Congress “explicitly foreclosed [the Rule 3 5 (a)] route for obtaining judicial review of an allegedly illegal sentence” at any time
- explaining that courts must look behind pro se party’s label of a motion to determine whether the motion is cognizable under a different remedial framework
- observing that “proceedings under § 2255 are not proceedings in the original criminal prosecution; rather, the filing of a motion pursuant to § 2255 is akin to initiating an independent civil suit”
- noting that “‘where Congress includes particular language in one section of a statute but omits it in another section of the same Act, it is generally presumed that Congress acts intentionally and purposefully in the disparate inclusion or exclusion’”
Source: CourtListener parenthetical corpus (CC0).
Judges: Hatchett, Anderson, Dyer
Read full opinion on CourtListenerSourced from CourtListener / Free Law Project (CC0).
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