United States Fourth Circuit

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US v. Foote, 13-7841

Denial of petition for collateral relief, 28 U.S.C. section 2255, is affirmed where, although defendant's designation as a career offender was later nullified under US v. Simmons, 649 F.3d 237 (4th Cir. 2011): 1) neither defendant's federal offense of conviction nor his state convictions qualifying him as a career offender have been vacated; and 2) defendant was sentenced under an advisory sentencing scheme, and the court is hesitant to undermine the judicial system's interest in finality to classify a Sentencing Guidelines error as a fundamental defect.

Appellate Information

  • Decided 04/27/2015
  • Published 04/27/2015

Judges

  • THACKER

Court

  • United States Fourth Circuit

Counsel

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