Sign In
Events
Newsletters
Search

Close

Close Search

Cancel

SEARCH
MY LAW.COMNEW

United States v. Hicks

Defendant's untimely Apprendi motion did not "relate back" to motion for collateral relief and thus was subject to dismissal.

X

Thank you for sharing!

Your article was successfully shared with the contacts you provided.
Argued February 1, 2002

Eric Hicks received a Certificate of Appealability (“COA”) to challenge a District Court decision striking his motion to supplement an application for collateral relief under 28 U.S.C. s 2255. After being convicted in federal court on various drug distribution and conspiracy offenses, Hicks filed a s 2255 motion claiming that, by offering leniency to some of its witnesses in exchange for their testimony, the Government had tainted his trial and made his continued incarceration unlawful. While this motion was still pending before the District Court, the Supreme Court decided Apprendi v. New Jersey, 530 U.S. 466 (2000). Hicks believed that the Court’s decision offered him another possible avenue of relief, so he sought to supplement his s 2255 application with an Apprendi claim. He failed, however, to submit this claim until after the trial court had denied his original motion. Hicks’ proposed supplement was therefore stricken as untimely.

Hicks then asked the District Court to reconsider its decision. It did so, but only to strike the supplementary pleading again, this time on a different ground: because it did not “relate back” to Hicks’ original s 2255 motion. See United States v. Hicks, Order, Crim. No. 93-0097-02 (Feb. 22, 2001) (“Reconsideration Order”), reprinted in Record Material for Appellee (“RMA”)-J. This ruling formed the basis for Hicks’ COA and, accordingly, it is this ruling that is at issue here. Hicks’ challenge, however, fails.

Trending Stories

 
Reprints & Licensing
Mentioned in a Law.com story?

License our industry-leading legal content to extend your thought leadership and build your brand.

LEARN MORE

More From ALM

Premium Subscription
With this subscription you will receive unlimited access to high quality, online, on-demand premium content from well-respected faculty in the legal industry. This is perfect for attorneys licensed in multiple jurisdictions or for attorneys that have fulfilled their CLE requirement but need to access resourceful information for their practice areas.
View Now
Team Accounts
Our Team Account subscription service is for legal teams of four or more attorneys. Each attorney is granted unlimited access to high quality, on-demand premium content from well-respected faculty in the legal industry along with administrative access to easily manage CLE for the entire team.
View Now
Bundle Subscriptions
Gain access to some of the most knowledgeable and experienced attorneys with our 2 bundle options! Our Compliance bundles are curated by CLE Counselors and include current legal topics and challenges within the industry. Our second option allows you to build your bundle and strategically select the content that pertains to your needs. Both options are priced the same.
View Now
Go to CLE Center
Middle East Legal Awards 2024
April 25, 2024
Dubai

Law firms & in-house legal departments with a presence in the middle east celebrate outstanding achievement within the profession.


Learn More
BenefitsPRO Broker Expo 2024
April 29, 2024 - May 01, 2024
Aurora, CO

The premier educational and networking event for employee benefits brokers and agents.


Learn More
Pennsylvania Legal Awards 2024
May 15, 2024
Philadelphia, PA

The Legal Intelligencer honors lawyers leaving a mark on the legal community in Pennsylvania and Delaware.


Learn More
Go to Events Go to Webcasts
Senior In-House Contracts Administrator

A large and well-established Tampa company is seeking a contracts administrator to support the company's in-house attorney and manage a wide...


Apply Now ›
COMMERCIAL FINANCE ATTORNEY - STAMFORD, HARTFORD OR NEW HAVEN OFFICES

We are seeking an attorney to join our commercial finance practice in either our Stamford, Hartford or New Haven offices. Candidates should ...


Apply Now ›
CORPORATE ATTORNEY (8+ Years) - REMOTE, CT

We are seeking an attorney to join our corporate and transactional practice. Candidates should have a minimum of 8 years of general corporat...


Apply Now ›
Go to Lawjobs
MELICK & PORTER, LLP
04/15/2024
Connecticut Law Tribune

MELICK & PORTER, LLP PROMOTES CONNECTICUT PARTNERS HOLLY ROGERS, STEVEN BANKS, and ALEXANDER AHRENS


View Announcement ›
Apruzzese, McDermott, Mastro & Murphy, P.C.
04/11/2024
New Jersey Law Journal

Professional Announcement


View Announcement ›
Robbins Alloy Belinfante Littlefield
04/08/2024
Daily Report

Daily Report 1/2 Page Professional Announcement 60 Days


View Announcement ›
Go to Professional Announcements