United States Eleventh Circuit

Denial of motion under 28 U.S.C. section 2255 is affirmed where there is no Supreme Court decision mandating that petitioner's 1986 state court conviction resulting in a probationary sentence should not have been considered in calculating the criminal history score used to sentence petitioner for his federal crimes.

Appellate Information

• Decided 01/22/2008
• Published 01/22/2008

Judges

• CARNES, Circuit Judge:, Before BIRCH, CARNES and COX, Circuit Judges.

Court

• United States Eleventh Circuit

Counsel

• For Appellant:
  
• Ed. R. Haden (Court-Appointed), Balch & Bingham, LLP, Birmingham, AL, for Flint., Michael A. Rotker, U.S. Dept. of Justice, Crim. Div., Washington, DC, Jenny Lynn Smith, Joyce White Vance, Asst. U.S. Atty., Birmingham, AL, for Jordan.