UNITED STATES OF AMERICA, PLAINTIFF-APPELLEE,
v.
ARTHUR SMITH, A.K.A. CO-CHIEF, DEFENDANT-APPELLANT

11th Cir. | 2012-06-27
No. 10-15044
Before TJOFLAT, CARNES, and FAY, Circuit Judges.
684 F.3d 1364 Court of Appeals for the Eleventh Circuit (2012) Positive Treatment
Cited by 2 cases
Opinion of the Court
BY THE COURT:

BY THE COURT: Our previous opinion in this case, United States v. Smith, 654 F. 3d 1263 (11th Cir.2011), is VACATED, and the case is REMANDED to the district court for further consideration in light of Dorsey v. United States, 567 U.S. -, 132 S.Ct. 2321, 183 L.Ed.2d 250 (2012).

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  • In re Morgan, 717 F.3d 1186 (11th Cir. 2013)
    …habeas petition presents a jurisdictional question, above all else, “it is our responsibility to see that [the matter] is decided correctly under the law.” United States v. Smith, 654 F. 3d 1263, 1266 n. 1 (11th Cir.2011), vacated on other grounds, 684 F. 3d 1364 (11th Cir.2012). Again, my point exactly: because we considered Morgan’s application ex parte, we have yet to even hear from the government in this case. In addition, the prima facie showing necessary for certification under § 2255(h) merely requi…

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