Judge Jerome White v. United States, 36 F.3d 1098 (6th Cir. 1994). · Go Syfert
Judge Jerome White v. United States, 36 F.3d 1098 (6th Cir. 1994). Cases Citing This Book View Copy Cite
“the mere fact that a defendant suffers from a mental condition that impairs her volitional capacity is insufficient to render a confession constitutionally involuntary.”
25 citation events (4 in the last 25 years) across 7 distinct courts.
Strongest positive: Sampson v. City of Xenia (ohsd, 1999-03-19)
Treatment trajectory · 1994 → 2026 · click a year to view as-of
1994 2010 2026
Top citers, strongest first. 3 distinct citers.
discussed Cited as authority (quoted) Sampson v. City of Xenia
S.D. Ohio · 1999 · signal: see also · quote attribution · 1 verbatim quote · confidence low
the mere fact that a defendant suffers from a mental condition that impairs her volitional capacity is insufficient to render a confession constitutionally involuntary.
discussed Cited "see, e.g." United States v. Tate
6th Cir. · 2003 · signal: compare · confidence low
Compare United States v. Beal, 2003 WL F.3d 814, 820 (6th Cir. 1996) (upholding denial of upward 264733, at *1 (6th Cir. 2003) (table) (upholding one-level departure under § 5K2.8 where government offered no upward departure under § 5K2.8 where assailant of federal evidence that child pornography recipient had harmed employees threw feces at victims), United States v. Sizemore, depicted children), United States v. Cook, 36 F.3d 1098 , 1994 238 F.3d 425 , 2000 WL 1871723 , at *1 (6th Cir. 2000) (table) WL 514528, at *6 (6th Cir. 1994) (table) (reversing upward (upholding four-level upward dep…
discussed Cited "see, e.g." United States v. White
W.D. Tenn. · 1999 · signal: see also · confidence low
See also United States v. Cerna, 36 F.3d 1098 , 1994 WL 542757 at *1 (6th Cir. Oct. 4, 1994) (district court has discretion to construe motion erroneously styled as one under § 3582(c)(2) as a motion to vacate under § 2255); 3 United States v. Auman, 8 F.3d 1268, 1271 (8th Cir.1993); Wood v. United States, 956 F.2d 271 , 1992 WL 34342 , No. 91-2055 (6th Cir. Feb. 25, 1992) (petition for a writ of error coram nobis should be construed as motion under § 2255); 4 Owens v. Benson, 439 F.Supp. 943, 944 (E.D.Mich.1977) (the proper remedy for a federal prisoner attacking his conviction or sentence…
Judge Jerome White
v.
United States
94-1180.
Court of Appeals for the Sixth Circuit.
Sep 20, 1994.
36 F.3d 1098
Cited by 1 opinion  |  Unpublished
1 passage pin-cited by 1 case
Pinpoint authority: bottom 72%
Citer courts: S.D. Ohio (1)

36 F.3d 1098

NOTICE: Sixth Circuit Rule 24(c) states that citation of unpublished dispositions is disfavored except for establishing res judicata, estoppel, or the law of the case and requires service of copies of cited unpublished dispositions of the Sixth Circuit.
Judge Jerome WHITE, Petitioner-Appellant,
v.
UNITED STATES of America, Respondent-Appellee.

No. 94-1180.

United States Court of Appeals, Sixth Circuit.

Sept. 20, 1994.

Before: BROWN, MARTIN and BOGGS, Circuit Judges.

ORDER

1

Judge Jerome White appeals pro se from a district court judgment denying a motion to vacate, set aside or correct his sentence that was filed under 28 U.S.C. Sec. 2255. His appeal has been referred to a panel of this court pursuant to Rule 9(a), Rules of the Sixth Circuit. Upon examination, the panel unanimously agrees that oral argument is not needed in this case. Fed.R.App.P. 34(a).

2

A federal jury convicted White of being a felon in possession of a firearm, in violation of 18 U.S.C. Sec. 922(g). On October 9, 1990, the district court sentenced White to an aggregate term of 15 years of imprisonment and 3 years of supervised release as a result of this conviction. This court subsequently affirmed White's conviction and sentence on direct appeal.

3

In his present motion, White alleged that his Sec. 922(g) conviction was based on Michigan felony convictions that were more than ten years old. He argued that he should not have been convicted as a felon under Sec. 922(g) because his civil rights had been restored under Michigan law. The district court denied White's motion on January 18, 1994, because his right to serve as a juror was still restricted by Michigan Court Rule 2.511(D)(2), which subjects all convicted felons to an automatic challenge for cause. It is from this judgment that White now appeals.

4

A motion to vacate under Sec. 2255 is not a substitute for a direct appeal. Stone v. Powell, 428 U.S. 465, 477 n. 10 (1976). Thus, to obtain collateral relief, White must show cause that would excuse his failure to raise his present claim on direct appeal and actual prejudice from the errors that he now alleges. See Ratliff v. United States, 999 F.2d 1023, 1025 (6th Cir.1993).

5

The denial of White's Sec. 2255 motion was proper because he has not established cause. White offers no explanation for his failure to raise his present claim on direct appeal, even though it does not involve evidence outside the record. Moreover, there was legal authority that might have been offered in support of this claim when White's appeal was decided. See United States v. Cassidy, 899 F.2d 543, 549 (6th Cir.1990). White's failure to make a sufficient showing regarding cause independently precludes review of his motion on the merits. See Murray v. Carrier, 477 U.S. 478, 494-95 (1986).

6

White's motion was also properly denied because no actual prejudice arose from his failure to raise his present claim on direct appeal. This court has now confirmed that the civil rights of Michigan felons are not restored to an extent that would exclude them from prosecution under 18 U.S.C. Sec. 922(g). United States v. Driscoll, 970 F.2d 1472, 1479 (6th Cir.1992), cert. denied, 113 S.Ct. 1056 (1993). The Driscoll decision has been cited in subsequent cases, all holding that Michigan felons may be prosecuted under Sec. 922(g) despite the partial restoration of their civil rights. United States v. Tinker, 985 F.2d 241, 242 (6th Cir.1992) (per curiam), cert. denied, 113 S.Ct. 1856 (1993). These decisions are determinative in White's case, even though he now argues that his prior felony convictions were over ten years old.

7

White has requested an evidentiary hearing in his brief on appeal. While the denial of a motion to vacate under Sec. 2255 generally receives de novo review, the district court's decision to deny the motion without an evidentiary hearing is reviewed for an abuse of discretion. Doganiere v. United States, 914 F.2d 165, 168 (9th Cir.1990), cert. denied, 499 U.S. 940 (1991). The district court did not abuse its discretion here because White did not allege specific facts that would have provided a basis for relief if they were proven at the hearing and also because the existing record was adequate to resolve his claims. See Baker v. United States, 781 F.2d 85, 92 (6th Cir.), cert. denied, 479 U.S. 1017 (1986).

8

Accordingly, the district court's judgment is affirmed. Rule 9(b)(3), Rules of the Sixth Circuit.