United States Eleventh Circuit

In a prosecution for federal drug-trafficking crimes, the denial of petitioner's motion to compel the government to file a motion for a downward departure from petitioner's sentence is vacated where, because the district court failed to provide petitioner with the requisite notice and warning before re-characterizing his pro se "motion to modify" as a first section 2255 motion, the district court improperly denied petitioner's subsequent "motion to compel" as an unauthorized second or successive section 2255 motion.

Appellate Information

• Decided 12/08/2010
• Published 12/08/2010

Judges

• Rosemary C. Barkett

Court

• United States Eleventh Circuit

Counsel