· 2/29/2012
United States v. McGaughy
Citations
- 670 F.3d 1149
- 2012 WL 642131
- 2012 U.S. App. LEXIS 4102
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- observing that subject-matter jurisdiction cannot be conferred or waived by consent, estoppel, or failure to challenge
- observing that subject-matter jurisdiction cannot be conferred or waived by consent, estoppel, or failure to challenge
- noting that the Henderson Court ultimately “cabined the scope of its analysis to ‘review by an Article I tribunal as part of a unique administrative scheme’”
- holding that “Rule 35(a)’s deadline [has] jurisdictional force.”
- stating the general rule that a defendant’s failure to raise an issue on direct appeal procedurally defaults the opportunity to raise it in a § 2255 motion unless he or she can show cause and prejudice
- “Subject matter jurisdiction cannot be conferred or waived by consent, estoppel, or failure to challenge jurisdiction early in the proceedings.”
Source: CourtListener parenthetical corpus (CC0).
Judges: Briscoe, Tymkovich, Freudenthal
Read full opinion on CourtListenerSourced from CourtListener / Free Law Project (CC0).
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