Akins v. United States’s Empirical Analysis

Citation profile

12 federal appellate · 7 district ·

Most-quoted passages

The sentences later courts lift from this opinion, ranked by how many decisions quote each — the parts of the opinion doing the work. These counts are smaller than the citation total above because most of the 49 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “(f) A 1-year period of limitation shall apply to a motion under this section. The limitation period shall run from the latest of— (1) the date on which the judgment of conviction becomes final; (2) the date on which the impediment to making a motion created by governmental action in violation of the Constitution or laws of the United States is removed, if the movant was prevented from making a motion by such governmental action; (3) the date on which the right asserted was initially recognized by the Supreme Court, if that right has been newly recognized by the Supreme Court and made retroactively applicable to cases on collateral review; or (4) the date on which the facts supporting the claim or claims presented could have been discovered through the exercise of due diligence.”

   5 later decisions quote this exact passage
   e.g. Patton v. United States · United States v. Hernando Casaran-Rivas

2. “On December 29, 2009, petitioner Luis A. Berroa Santana filed a motion to vacate, set aside or correct sentence pursuant to 28 U:S.C. § 2255. (Docket No. 1.) Before addressing the substance of his motion, petitioner notes that the reason that he was unable to file the petition before within the statute '(of limitations) was that on October 24, - 2009,. he was called to FCI Coleman R & D to pack all of his legal documents and personal property to be transferred to a new correctional facility. (Docket No. 1-2). Once at Adams CCC, he had to wait 14 days for the delivery of all of his legal documents and his personal property. At Adams CCC, the law library is very limited and the access is controlled by inmate capacity and controlled movements, which limits the inmates’ access to the library use. Id. Since he is not able to read or write English and his education is very poor, he had to ask assistance from other inmates to file his 2255 motion. Furthermore, he has no understanding or knowledge about the U.S. ■ Constitution and laws as to file a 2255 motion, and had to ask other inmates for assistance. Id. He notes that it took him more than two weeks to file and prepare the motion to vacate sentence. Id. at 2. Petitioner claims that he suffered ineffective assistance of counsel since his attorney failed to advise him of the consequences of his waiver of appeal contained in the plea agreement. Petitioner also argues that counsel was ineffective by failing at sentencing to challeng”

   1 later decision quote this exact passage
   e.g. 939 F. Supp. 2d 109 - Berroa Santana v. United States

3. “1) the date on which the judgment of conviction becomes final; 2) the date on which the impediment to making a motion created by governmental action in violation of the Constitution or laws of the United States is removed, if movant was prevented from making a motion by such governmental action; 3) the date on which the right asserted was initially recognized by the Supreme Court, if that right has been newly recognized by the Supreme Court and made retroactively applicable to cases on collateral review; or 4) the date on which the facts supporting the claim or claims presented could have been discovered through the exercise of due diligence.”

   1 later decision quote this exact passage
   e.g. Davis v. United States