United States v. Darden

When resentencing follows a successful 28 U.S.C. 2255 motion based on counsel's failure to appeal, the prescribed procedure is for the district court to vacate the sentence and then reimpose it. The Eighth Circuit affirmed the district court's denial of defendant's section 2255 motion to vacate his sentence.The court held that the district court did not procedurally err when it resentenced defendant to 200 months in 2017 where it followed clearly established procedure. Furthermore, even if the court were to agree with defendant that the sentencing package doctrine or any other consideration should compel district courts to follow a different procedure, any error the district court committed here would not be plain. The court also held that defendant's convictions for second-degree assault on a law enforcement officer were violent felonies under the Armed Career Criminal Act (ACCA); defendant's challenge to his second degree assault convictions was procedurally defaulted; even if his assault convictions were considered a single conviction, he still had the requisite predicate offenses under the ACCA; and defendant's final two arguments were procedurally defaulted. View "United States v. Darden" on Justia Law