United States v. Cox

6 Citing cases

  1. Cox v. United States

    294 F.3d 959 (8th Cir. 2002)   Cited 6 times
    In Cox v. United States, 294 F.3d 959 (8th Cir. 2002), the Eighth Circuit found that counsel failed to file a petition for certiorari as promised.

    Cox appealed, and we affirmed. See United States v. Cox, 225 F.3d 1018 (8th Cir. 2000). Cox then filed the present 28 U.S.C. § 2255 motion asserting four grounds for relief. The district court denied the motion, and granted a certificate of appealability (COA) on two issues: whether Cox's guilty plea was involuntary because of mental illness and medication, and whether he was denied effective assistance of counsel.

  2. Cox v. Ratledge

    NO. 5:14-HC-2069-BO (E.D.N.C. Jun. 26, 2015)

    Id., D.E. 64. Cox appealed to the Eighth Circuit and the circuit court affirmed the sentence. United States v. Cox, 225 F.3d 1018 (8th Cir. 2000). Cox has also filed at least two 28 U.S.C. § 2255 motions within the Eastern District of Arkansas as well as other post-conviction filings both at the district court and circuit court. United States v. Cox, 4:98-CR-73-DPM-1, see docket.

  3. U.S. v. COX

    NO. 4:98-CR-00073 GTE (E.D. Ark. May. 7, 2008)

    Petitioner's sentence of life imprisonment imposed by this Court has been affirmed by the Eighth Circuit. See United States v. Cox, 225 F.3d 1018 (8th Cir. 2000), vacated and reinstated solely to allow petition for certiorari to be filed, 294 F.3d 959 (8th Cir. 2002), cert. denied, 537 U.S. 1037 (2002). Petitioner sought but was denied post-conviction relief pursuant to 28 U.S.C. § 2255.

  4. U.S. v. Contreras

    No. CR 05-1150 MCA (D.N.M. Jan. 31, 2007)

    Other courts have reached similar conclusions. See, e.g., Washington, 109 F.3d at 337 (bank robber's delivery of demand note to teller stating "I have a gun" constituted threat to use a firearm);United States v. Cox, 225 F.3d 1018, 1019 (8th Cir. 2000) (co-conspirator's actions in handing teller a demand note stating that the teller would be shot if the silent alarm was activated was a threat to use a firearm even though co-conspirator was carrying only a toy gun in her waistband), vacated and reinstated, 294 F.3d 959 (8th Cir. 2002); United States v. Jones, 319 F. Supp. 2d 703, 706 (N.D. W. Va. 2004) (robber's non-verbal behavior of holding a hand in his pocket near a large protruding object hidden in his clothing constituted threat to use a firearm or other dangerous weapon). It follows from the preceding discussion that Defendant's prior armed robbery convictions dating from 1981 are "serious violent felonies" as a matter of law based on New Mexico's statutory definition of "armed robbery," which requires "use or threatened use of force of violence . . . while armed with a deadly weapon."

  5. U.S. v. Whitt

    No. 2:04-CR-58 (E.D. Tenn. Aug. 18, 2006)

    Those courts have uniformly found that a threat of use of a firearm, or the belief that a firearm was involved, is sufficient to cause the offense to be considered a serious violent felony conviction. See U.S. v. Cox, 225 F. 3d 1018, 1019 (8th Cir. 2000); U.S. v.Washington, 109 F. 3d 335 (7th Cir. 1997); U.S. v. Jones, 213 F. 3d 1253 (10th Cir. 2000). This Court has no reluctance in finding that the display of an article used or fashioned to lead the victim to reasonably believe it to be a deadly weapon constitutes a "threat" of the use of a dangerous weapon in the offense.

  6. U.S. v. Jones

    319 F. Supp. 2d 703 (N.D.W. Va. 2004)   Cited 2 times

    However, the limited case law in this area suggests that the phrase includes "a communicated expression to a victim that the defendant would use a firearm." Gottlieb, 140 F.3d at 872; see also United States v. Cox, 225 F.3d 1018, 1019 (8th Cir. 2000); United States v. Jones, 213 F.3d 1253, 1262 (10th Cir. 2000). Thus, the issue turns on whether the defendant's nonverbal behavior — i.e., his hand in his pocket, holding a protruding object that resembles a sawed-off shotgun or large club — may be construed as a "communicated expression to the victim that the defendant would use a firearm."