Opinion

Ezell Gilbert v. United States

  • 640 F.3d 1293
  • 79 Fed. R. Serv. 3d 986
  • 2011 U.S. App. LEXIS 10157
  • 2011 WL 1885674
Court
Court of Appeals for the Eleventh Circuit
Filed
May 19, 2011
Status
Published
Author
Tjoflat
On the bench
Dubina, Tjoflat, Edmondson, Carnes, Barkett, Hull, Marcus, Pryor, Martin, Hill, Black
Nature of suit
ENB
Cited by
234 cases

Overruled on other grounds by Dan Carmichael McCarthan v. Director of Goodwill Industries-Suncoast, Inc., 851 F.3d 1076 (2017)

explaining that a “statutory maximum sentence” is a “punishment ceiling beyond which no [convicted] defendant . . . may be sentenced” and noting that, where a statute and mandatory guideline sentence are inconsistent, “the guideline[] 68 Case: 12-11212 Date Filed: 12/24/2013 Page: 69 of 110 [sentence must] . . . bend to statutorily prescribed limits, not the other way around”

How later courts described this case

  • explaining that a “statutory maximum sentence” is a “punishment ceiling beyond which no [convicted] defendant . . . may be sentenced” and noting that, where a statute and mandatory guideline sentence are inconsistent, “the guideline[] 68 Case: 12-11212 Date Filed: 12/24/2013 Page: 69 of 110 [sentence must] . . . bend to statutorily prescribed limits, not the other way around”
  • concluding that the savings clause did not authorize a federal prisoner to bring in a § 2441 petition a claim, which would otherwise be barred by the rule respecting second or successive § 2255 motions, that the Sentencing Guidelines were misapplied in a way that resulted in a longer sentence that did not exceed the statutory maximum
  • explaining that a “statutory maximum sentence” is a “punishment ceiling beyond which no [convicted] defendant ... may be sentenced” and noting that, where a statute and mandatory guideline sentence are inconsistent, “the guideline[ ] [sentence must] ... bend to statutorily prescribed limits, not the other, way around”
  • holding that the rule espoused in Gonzalez v. Crosby, 545 U.S. 524, 125 S.Ct. 2641, 162 L.Ed.2d 480 (2005), which decided that state prisoners could not circumvent the bar on successive habeas petitions by filing Rule 60(b) motions, applies equally to federal prisoners

Written by the judges who cited it.

Later courts went against this

  • Overruled on other grounds by Dan Carmichael McCarthan v. Director of Goodwill Industries-Suncoast, Inc., 851 F.3d 1076 (2017)

    640 F.3d 1293, 1323 (11th Cir. 2011) (en banc) (applying Gonzalez in the § 2255 context), overruled on other grounds by McCarthan v. Dir. of Goodwill Indus.-Suncoast, Inc., 851 F.3d 1076
    Court of Appeals for the Eleventh CircuitMar 14, 201712 citing opinionsother groundsRead it
  • Limited by Albert Williams v. Warden, Federal Bureau of Prison, 713 F.3d 1332 (2013)

    Rather, Gilbert addressed — and explicitly limited its holding to — circumstances where a federal prisoner sought to attack a potential misapplication of the Sentencing Guidelines that resulted in a higher sentence, but one that remained within the statutory maximum.
    Court of Appeals for the Eleventh CircuitApr 11, 2013Read it

The opinion

TJOFLAT, Circuit Judge,

concurring, in which EDMONDSON, Circuit Judge, joins:

I fully agree with the court’s explanation of why the district court could not grant Gilbert the relief he seeks, but feel obliged to make the following observations.

First, I think it unnecessary to describe in detail the circumstances of Gilbert’s crime — including the presence of his five-year old daughter — and Gilbert’s criminal record, and then posit that, if he were to be resentenced, the district court would likely impose the same sentence he received in the first instance. None of that is relevant. I therefore do not join in part II.A of the court’s opinion. The sole issue we are called upon to decide is whether the savings clause applies in this ease. The court holds, correctly, that it does not.

Second, having decided that the savings clause does not apply in this case, we do not need to imagine the potential consequences of a contrary holding. I therefore decline to join part II.B.4 of the court’s opinion.

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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