Monday, November 29, 2010

Pending remand generally voids District Court's authority to consider § 2255 motion

Corbett v. United States, Nos. 3:10cv501, 3:07cr144, 2010 WL 4718360 (W.D.N.C. Nov. 15, 2010):

When a United States Court of Appeals remands a case to the District Court for further proceedings, and such proceedings have not yet been conducted, a District Court is without authority to consider the merits of a § 2255 motion unless the remand only requires the District Court to perform a purely ministerial duty involving no discretion.  See United States v. Dodson, 291 F.3d 268 (4th Cir. 2002).

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