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· 4/12/2002

United States v. Leroy S. Outen Rodney D. Smith Sheldon Wilford Donald Gordon Euton Christian Tyrone McFadden Herbie Noel, AKA \Wayne\

Citations

  • 286 F.3d 622
  • 2002 U.S. App. LEXIS 6786
  • 2002 WL 596138

How courts have described this case

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

  • holding that Apprendi error did not affect the defendant’s “substantial rights”
  • holding that habeas review should proceed during pendency of direct appeal only in extraordinary circumstances because “the results on direct appeal may make the district court’s efforts on the § 2255 motion a nullity”
  • noting “the concern that the results on direct appeal may take the district court’s efforts on the § 2255 motion a nullity”
  • construing a notice of appeal as a request for a certificate of appealability
  • “A withdrawal of an appeal . . . brings the appeal to an end,” quoting with approval the above quoted language from Barrow
  • “[A]n erroneous sentence on one count of a multiple-count conviction does not affect substantial rights where the total term of imprisonment remains unaffected.”

Source: CourtListener parenthetical corpus (CC0).

Judges: McLaughlin, Sotomayor, Bertelsman

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.