United States Fourth Circuit

In a conviction for conspiracy to possess with intent to distribute cocaine and crack cocaine, district court's dismissal of defendant's motion to vacate his enhanced sentence based on a prior drug conviction, is affirmed, as Carachuri is a procedural rule because the Supreme Court's decision in Carachuri at most altered the procedural requirements that must be followed in applying recidivist enhancements and did not alter the range of conduct or the class of persons subject to criminal punishment. Therefore, it is not retroactively applicable to cases on collateral review.

Appellate Information

• Decided 08/20/2012
• Published 08/20/2012

Judges

• Niemeyer

Court

• United States Fourth Circuit

Counsel