Exceeded Authority

By: Derek Hawkins//March 9, 2016//

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7^th Circuit Court of Appeals

Case Name: Christopher H. McCoy v. United States of America

Case No.: 14-2741

Officials: WOOD, Chief Judge, EASTERBROOK, Circuit Judge, and BRUCE, District Judge.*

Focus: Exceeded Authority

Appellant fails to raise issue of judge exceeding his authority in earlier proceedings and fails to provide reason for failure to present issue. Section 2255 motion dismissed.

“By not presenting his argument based on Harden to the district court, McCoy procedurally defaulted such an argument in this court. See Pierce, 976 F.2d at 371. Having found that the Harden decision was available to McCoy during the pendency of his §2255 motion, McCoy cannot show cause for his procedural default. See Bousley v. United States, 523 U.S. 614, 623, 118 S.Ct. 1604, 1611, 140 L.Ed.2d 828 (1998). Therefore, the decision of the district court dismissing his §2255 motion is affirmed.”

Affirmed

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Attorney Derek A. Hawkins is the managing partner at Hawkins Law Offices LLC, where he heads up the firm’s startup law practice. He specializes in business formation, corporate governance, intellectual property protection, private equity and venture capital funding and mergers & acquisitions. Check out the website at www.hawkins-lawoffices.com or contact them at 262-737-8825.

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