Wednesday, November 21, 2012

Eleventh Circuit -- Herbert Rozier v. USA

2255 Collateral attack on sentence not allowed, as there was no change in the law since the sentencing.  Scotus in the meantime held that the Florida statute wasn't an ACCA predicate, but the sentencing was under the residual clause, which has a different predicate.

Dissent: Too fine a point.  Great Writ is a great writ.

Herbert Rozier v. USA

Compiled by D.E. Frydrychowski, who is, not incidentally, not giving you legal advice.

Category tags above are sporadically maintained Do not rely. Do not rely. Do not rely.

Author's SSRN page here.