Case Citator › Horacio U. Montenegro v. United States

Horacio U. Montenegro v. United States

Is it still good law? What later courts have actually done to this case.

Overruled in part
Court
Seventh Circuit
Citation
248 F.3d 585
Decided
Confirmed treatments
1
Flagged citations read
32 of 32
Citing cases (total)
32
Treatment dates
2001
Overruled in part
A reviewed court has overruled part of this case’s holding. Horacio U. Montenegro v. United States was overruled in part: all 32 flagged citations have been read, and the confirmed treatment is listed below. Ashley v. United States overruled Part III, which had required the Supreme Court itself to make a new rule retroactive before an initial § 2255 motion could use that rule to restart the filing period.
More on how this was screened

Later courts continued to rely on Montenegro's separate due diligence, equitable tolling, and habeas filing discussions. The citing opinion count is at least 32 because a complete total was unavailable.

Every treatment on this page is written from the citing opinion itself, with a verbatim quote, never copied from a commercial citator. A citation flagged by our screen but not shown here was read and found not to weaken this case.

32 later cases cite Horacio U. Montenegro v. United States; 32 of those citations sat close to treatment language and were flagged for reading, and all of them have been read. Citations that did not sit near treatment language were not flagged and were not read one by one, so a court that weakened this case without using any of that language would not appear here.

Relying on Horacio U. Montenegro v. United States?

This page shows what later courts did to it. Ask about your specific facts and see whether it still carries your argument, with citations you can check.

Treatments

Overruled in part

  • The Seventh Circuit overruled Montenegro's rule that only the Supreme Court could decide retroactivity for an initial § 2255 motion.

    Ashley v. United States · Seventh Circuit · filed

    We do so now and overrule Part III of Montenegro.
    Read the full opinion on CourtListener →

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