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· 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 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.