In re: Tracy Garrett

In re: Tracy Garrett, No. 18-13680-F, (November 2, 2018) The Court held that an application to file a successive motion under § 2255, brought by a defendant convicted under § 924(c) and based on Johnson and Dimaya, was not based on a “new rule of constitutional law,” since the Eleventh Circuit held en banc in…

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James Manuel Phillips, Jr. v. Warden

James Manuel Phillips, Jr. v. Warden, No. 14-11910, (October 31, 2018) The Court affirmed the district court’s order dismissing the petitioner’s § 2254 motion as time-barred, since the statute of limitations began running when the petitioner missed the deadline for appealing his conviction to the highest court in the state of conviction, and not after…

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Robert Randolph v. United States

Robert Randolph v. United States, No. 17-10620 (September 25, 2018) The Court affirmed the district court’s denial of the defendant’s § 2255 motion, holding that the defendant’s Johnson claim was not a “new rule of constitutional law that was previously unavailable” since the defendant included a Johnson claim in his first § 2255, which were…

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