Denial of Motion to Compel Motion for Downward Departure Vacated

In Gooden v. US, No. 09-10499, a prosecution for federal drug-trafficking crimes, the court vacated the denial of petitioner’s motion to compel the government to file a motion for a downward departure from petitioner’s sentence, holding that, 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.

 

Related Resources

  • Read the Eleventh Circuit’s Decision in Gooden v. US, No. 09-10499

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