United States First Circuit

In this case, petitioner was convicted on federal criminal charges arising from a plot to rob an armored car depot. Denial of his petition for a writ of habeas corpus is affirmed, where: 1) there is not a reasonable probability that the perceived shortcomings of petitioner's counsel affected the result in this case; and 2) though petitioner seeks to modify his sentence based on his successful vacated of a prior state conviction that was considered when calculating his present sentence, he did not seek resentencing in a timely manner, and thus his effort to reopen his sentence fails under Johnson v. United States.

Appellate Information

• Decided 12/09/2014
• Published 12/09/2014

Judges

• Kayatta

Court

• United States First Circuit

Counsel