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· 6/11/2014

United States v. Robert Hairston

Citations

  • 754 F.3d 258
  • 2014 WL 2600057
  • 2014 U.S. App. LEXIS 10846

How courts have described this case

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

  • holding that a numerically second petition is not “second or successive” within the meaning of § 2255(h) where it raises the vacatur of state convictions which occurred after the prior petition
  • following Stewart in case where vacated prior conviction had affected defendant’s criminal history score
  • finding an argument forfeited when it was raised in a party’s formal brief but omitted from its informal brief
  • finding an argument forfeited when it was raised in a party’s formal brief but omitted from its informal brief
  • following Stewart in case where vacated prior conviction had affected defendant’s criminal history score
  • “numerically second § 2255 motion” is not barred as successive where “claim arose at a resentencing hearing afforded to a movant as a result of his first § 2255 motion”

Source: CourtListener parenthetical corpus (CC0).

Judges: Davis, Gregory, Thacker

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.