· 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 CourtListenerSourced 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.