supervised release

Supervised Release

U.S. v. Romines, 204 F.3d 1067 (11th Cir. 1992) (restitution could not be ordered as part of supervised release revocation where not ordered at initial sentencing)

Habeas corpus/28 U.S.C. § 2255/writs –

Reyes-Vasquez v. U.S., 865 F.Supp. 1539 (S.D. Fla. 1994)(vacating drug trafficking conviction based on improper actions of trial counsel)

Hollins v. Department of Corrections, 191 F.3d 1324 (11th Cir. 1999)(upholding unique-circumstances doctrine of tolling of jurisdictional deadlines)

In re U.S., 898 F.2d 1485 (11th Cir. 1990)(affirming district court’s reduction of defendant’s sentence and rejecting government petition for writ of prohibition)

Schardar v. U.S., 33 F.3d 1381 (11th Cir. 1994)(denial of § 2255 motion vacated based on failure to afford evidentiary hearing)

Supreme Court litigation –

Brown v. U.S., 538 U.S. 1010, 123 S.Ct. 1928 (2003)(vacating judgment and remanding based on erroneous application of waiver doctrine to failure to appeal magistrate judge’s order)

Gonzalez v. Crosby, 545 U.S. 524, 125 S.Ct. 2641 (2005)(second chair counsel; holding that Fed. R. Civ. P. 60 reconsideration rule is applicable in habeas/post-conviction proceedings)

Rogers v. U.S., 522 U.S. 252; 118 S. Ct. 673 (addressing determination of harmless error in light of elemental omission from jury instruction; certiorari dismissed following oral argument)