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· 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 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.