Quite an active week for 2255 motions! Here’s a rundown of some cases I found that could be helpful to those seeking relief from wrongful convictions and sentences. As always, hit me up if you want to talk about pursuing relief. I’ve got a ton of info on postconviction relief from my books that I can share with you. Lack of Knowledge of State Indictment … Continue reading Federal Prison Newsletter Week of Aug 17
Elion v. United States, No. 20-1725, 2023 U.S. App. LEXIS 20286 (7th Cir. Aug. 7, 2023) After Otis Elion pleaded guilty to distributing methamphetamine, a federal district court sentenced him as a career offender under U.S. Sentencing Guideline § 4B1.1. Elion’s attorney did not challenge that designation, and the court imposed a 167-month prison term. Through a motion under 28 U.S.C. § 2255, Elion argued … Continue reading Illinois Prior Look-Alike Drug Conviction No Good for Career Offender
United States v. Gaye, No. 22-251, 2023 U.S. App. LEXIS 20157 (2d Cir. Aug. 4, 2023) In 2019, Gaye’s encounters with the law led to a supervised release violation and another six-month prison term, followed by four years of supervised release. In 2021, he once again breached the terms of his supervised release, resulting in a three-year prison sentence and five years of supervised release. … Continue reading Second Circuit Reiterates that Prison Time for Supervised Release Violations Come Off Any Future Term of Supervised Release
Yet another federal firearm statute goes down under the Supreme Court’s recent Bruen decision. The question this time was whether 18 U.S.C. § 922(g)(3), which criminalizes possession of a firearm by a habitual drug user, violated the Second Amendment’s right to bear arms. The Fifth Circuit said it did. United States v. Daniels, No. 22-60596, 2023 U.S. App. LEXIS 20870 (5th Cir. Aug. 9, 2023). … Continue reading Fifth Circuit Declares Federal Firearm Statute at Issue in Hunter Biden’s Case Unconstitutional
United States v. Gamez, No. 22-2278, 2023 U.S. App. LEXIS 20713 (7th Cir. Aug. 9, 2023) Is Indiana Arson a Violent Felony for ACCA? Sergio Gamez received a 15-year sentence for being a felon in possession of a firearm. This sentence was a result of the district court’s application of the Armed Career Criminal Act’s (ACCA) sentencing enhancement, which was based on Gamez’s three prior … Continue reading Is Indiana Arson a Violent Felony for the Armed Career Criminal Act?
Barriera-Vera v. United States, No. 23-cv-1333-SCB-TGW, 2023 U.S. Dist. LEXIS 134678 (M.D. Fla. July 10, 2023) In a shocking move, the U.S. District Court for the Middle District of Florida granted postconviction relief to a prisoner who filed his motion three years too late, saying the “actual innocence exception” forgave his lateness. Jose Barriera-Vera was charged with bank robbery and attempted bank robbery, and two … Continue reading Actual Innocence Exception Allows Grant of Late Postconviction Motion to Overturn 924(c) Conviction
United States v. Akers, No. 21-3226, 2023 U.S. App. LEXIS 20142 (10th Cir. Aug. 4, 2023) Montgomery Akers’ encounters with the federal court system began with a conviction for wire fraud in 2005, a single spark that ignited a flood of legal filings marked by questionable motives and repetitive claims, according to the U.S. Court of Appeals for the Tenth Circuit in this published opinion. … Continue reading Judge Imposes $40,000 Fine on Prisoner for Filing Frivolous Motion
United States v. Singletary, No. 21-4351, 2023 U.S. App. LEXIS 19775 (4th Cir. Aug. 1, 2023) The U.S. Court of Appeals for the Fourth Circuit concluded that a sentencing judge wasn’t vindictive during resentencing when she considered a prisoner’s bad conduct in prison, plus the various facts of a state case that was resolved after he was originally sentenced in state court. (Warning: This is … Continue reading Court Says Judge Could Impose Harsher Sentence After Successful Appeal
United States v. Singletary, No. 21-4351, 2023 U.S. App. LEXIS 19775 (4th Cir. Aug. 1, 2023) Fourth Circuit: Claim of Judicial Vindictiveness Bypasses any Appeal Waiver The U.S. Court of Appeals for the Fourth Circuit held on August 1, 2023, that a claim of judicial vindictiveness at sentencing bypasses any appeal waiver in a plea agreement, allowing the appeal to move forward. Here’s what the … Continue reading Judicial Vindicitveness Claim Bypasses Appeal Waiver
United States v. Miles, No. 21-12609, 2023 U.S. App. LEXIS 19662 (11th Cir. July 31, 2023) In a case of first impression, the U.S. Court of Apeals for the Eleventh Circuit held on July 31, 2023, that a conviction for possessing an ingredient to manufacture methamphetamine was not a valid prior conviction for purposes of the Armed Career Criminal Act. Here’s how it came about. … Continue reading Eleventh Circuit Says Florida Drug Conviction No Good for Federal ACCA Sentence
