Cases

PUBLISHED Filed: September 7, 2010 UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT UNITED STATES OF AMERICA,  Plaintiff-Appellee, v.  No. 07-5 (1:06-cr-00001-JPJ) CARLOS DAVID CARO, Defendant-Appellant.  CORRECTED ORDER Caro’s petition f

Petition for writ of certiorari to the United States Court of Appeals for the Fourth Circuit denied.

OPINION JAMES P. JONES, District Judge. Defendant Carlos Caro filed a Motion to Vacate, Set Aside, or Correct Sentence pursuant to 28 U.S.C. § 2255, alleging that ineffective assistance of counsel caused him to enter an invalid guilty plea. The United States filed a Motion to Dismiss the § 2255 motion as untimely filed, and Caro responded, arguing that he is entitled to equitable tolling. After review of the

OPINION JAMES P. JONES, District Judge. TABLE OF CONTENTS I. Background.............................................................823 II. Standards of Review....................................................828 III. Analysis................................................................829 A. Claim I: Strategic Delay of t

Petition for writ of certiorari to the United States Court of Appeals for the Fourth Circuit denied. Same case below, 597 F.3d 608.

GREGORY, Circuit Judge, dissenting from the denial of rehearing and rehearing en banc: “[T]he way in which we choose those who will die reveals the depth of moral commitment among the living.” McCleskey v. Kemp, 481 U.S. 279, 344, 107 S.Ct. 1756, 95 L.Ed.2d 262 (1987) (Brennan, J., dissenting). It reveals our commitment to the Constitution’s bar on cruel and unusual punishment and to the Founding princi

GREGORY, Circuit Judge, dissenting: Today the majority blesses with constitutional imprimatur a death sentence that could only have been imposed after the jury found that Carlos Caro had previously been convicted of relatively minor, nonviolent drug offenses. If his sentence is ultimately carried out, Caro might well be the first, and as yet only, defendant executed after a jury found him death-eligible solely

483 F.Supp.2d 513 (2007) UNITED STATES of America, v. Carlos David CARO, Defendant. No. 1:06CR00001. United States District Court, W.D. Virginia, Abingdon Division. April 11, 2007. *514 John L. Brownlee, United States Attorney, and Anthony P. Giorno, Assistant United States Attorney, Roanoke, VA, for United States of America.

461 F.Supp.2d 478 (2006) UNITED STATES of America v. Carlos David CARO, Defendant. No. 1:06CR00001. United States District Court, W.D. Virginia, Abingdon Division. November 20, 2006. *479 John L. Brownlee, United States Attorney, and Anthony P. Giorno, Assistant United States Attorney, Roanoke, VA, for United States of America.</

461 F.Supp.2d 459 (2006) UNITED STATES of America v. Carlos David CARO, Defendant. No. 1:06CR00001. United States District Court, W.D. Virginia, Abingdon Division. November 12, 2006. *460 *461 John L. Brownlee, United States Attorney, and Anthony P. Giorno, Assistant United States Attorney, Ro

442 F.Supp.2d 296 (2006) UNITED STATES of America v. Carlos David CARO, Defendant. No. 1:06CR00001. United States District Court, W.D. Virginia, Abingdon Division. August 11, 2006. Steven J. Kalista, Big Stone Gap, VA, and James Simmons, Nashville, TN, for Defendant. OPINION AND ORDER JONES, Chief Judge. The defendant Carlos David Caro

MEMORANDUM OPINION SARGENT, United States Magistrate Judge. In this capital case, all nondispositive pretrial motions were referred to the undersigned pursuant to 28 U.S.C. § 636(b)(1)(A) and Federal Rule of Criminal Procedure 59(a) for decision. These matters were heard before the undersigned on May 24, 2006. Based on the reasons stated at the hearing and as set forth below, an appropriate ord

677 F.Supp. 893 (1987) UNITED STATES of America v. Alberto FERNANDEZ-CARO. Crim. No. L-87-266. United States District Court, S.D. Texas, Laredo Division. September 2, 1987. *894 Joe Sepeda, Asst. Public Defender, Laredo, Tex., for Fernandez-Caro. Carlos Martinez, U.S. Atty., Laredo, Tex., for the U.S. MEMOR

United States Court of Appeals For the First Circuit No. 23-1638 JUAN M. CRESPO-MORALES, Petitioner, Appellant, v. NICANOR CARO-DELGADO, Respondent, Appellee, CÉSAR R. MIRANDA RODRÍGUEZ, Respondent. APPEAL FROM THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF PUERTO

OPINION AND ORDER1 BESOSA, District Judge. Plaintiffs brought this action against six defendants alleging violations of sections 1962(c) and (d) of the Racketeer Influenced and Corrupt Organizations Act (“RICO”) and Puerto Rico law. (Docket *430No, 1.) Defendants Jorge E. Perez (“Perez”) and Damaris Seguinot (“Seguinot”

PUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT UNITED STATES OF AMERICA, Plaintiff-Appellee, v. No. 99-4397 CARLOS LOPEZ, Defendant-Appellant. Appeal from the United States District Court for the District of South Carolina, at Spartanburg. Henry M. Herlong, Jr., District Judge. (CR-96-739) Argued: May 5, 2000 Decided: July 13, 2000 Before WIDENER and MOTZ, Circuit Judges, and Irene M. KEELEY, United State

ORDER Upon consideration of Kevin A. Barnes, et al.’s unopposed motion to voluntarily dismiss their appeal, IT IS ORDERED THAT: (1) The motion is granted. (2) Each side shall bear its own costs.

LINN, Circuit Judge. ORDER Kevin Barnes et al. (Barnes) notify the court that the United States Court of Federal Claims has requested that this court dismiss “the entire matter on appeal, without prejudice, and remand to this court for the purpose of addressing all outstanding matters.” We treat Barnes’ notification as a motion to remand. The United States has not responded. On

DYK, Circuit Judge, dissenting. In endorsing a facial challenge to a memorandum, and in holding that the memorandum must be assumed to dictate racial and gender discrimination without a factual hearing, the majority acts contrary to Supreme Court precedent and our own decision in Baker v. United States, 127 F.3d 1081 (Fed.Cir.1997). The majority’s approach is unsupported by any decision of the Supreme

IN THE SUPREME COURT OF THE STATE OF NEVADA THE STATE OF NEVADA, No. 74236 Appellant/Cross-Respondent, vs. CARLOS PEREZ GUTIERREZ, FILE Respondent/Cross-Appellant. DEC Olt 2020 ELIZABETH A. BROWN CLERK9FUPRE,Æ COURT