Kemp v. United States
U.S. Supreme Court · decided June 13, 2022 · Supreme Court Database (Spaeth)
- Decided
- June 13, 2022
- Term
- October Term 2021
- Vote
- 8–1
- Majority author
- Justice Thomas
- Issue area
- Judicial Power
- Disposition
- Affirmed
- Outcome
- Petitioning party lost
- Ideological direction
- Conservative
Opinion excerpt
PRELIMINARY PRINT Volume 596 U. S. Part 2 Pages 528–542 OFFICIAL REPORTS OF THE SUPREME COURT June 13, 2022 Page Proof Pending Publication REBECCA A. WOMELDORF reporter of decisions NOTICE: This preliminary print is subject to formal revision before the bound volume is published. Users are requested to notify the Reporter of Decisions, Supreme Court of the United States, Washington, D.C. 20543, pio@supremecourt.gov, of any typographical or other formal errors. Syllabus KEMP v. UNITED STATES certiorari to the united states court of appeals for the eleventh circuit No. 21–5726. Argued April 19, 2022—Decided June 13, 2022 Petitioner Dexter Kemp and seven codefendants were convicted of various drug and gun crimes. The Eleventh Circuit consolidated their appeals and, in November 2013, affrmed their convictions and sentences. In April 2015, Kemp moved the District Court to vacate his sentence under 28 U. S. C. § 2255. The District Court dismissed Kemp's motion as un- timely because it was not fled within one year of “the date on which [his] judgment of conviction [became] fnal.” §2255(f)(1). Kemp did not appeal. Then, in June 2018, Kemp sought to reopen his § 2255 pro- ceedings under Federal Rule of Civil Procedure 60(b), which authorizes a court to reopen a fnal judgment under certain enumerated circum- stances. As relevant here, a party may seek relief within one year under Rule…
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