United States Fourth Circuit

A federal inmate may use a 28 U.S.C. section 2255 motion to challenge a sentence that was based on the career offender enhancement under the United States Sentencing Guidelines when subsequent case law reveals the enhancement to be inapplicable to him. Such a mistake results in a fundamental miscarriage of justice that is cognizable on collateral review, and because petitioner suffered such a fundamental miscarriage of justice, his sentence is vacated and remanded for resentencing.

Appellate Information

• Decided 04/08/2014
• Published 04/08/2014

Judges

• GREGORY

Court

• United States Fourth Circuit

Counsel