Tribue v. United States

The Eleventh Circuit affirmed the district court's denial of a 28 U.S.C. 2255 motion to vacate petitioner's sentence. The district court ruled that petitioner failed to prove that the ACCA's residual clause affected his sentence because he still had three qualifying serious drug offenses.The court held that the government did not waive reliance on petitioner's 2007 conviction for delivery of cocaine, and in the section 2255 proceedings the government permissibly introduced Shepard documents to prove the qualifying nature of that 2007 conviction. Therefore, petitioner had three prior convictions that qualified as serious drug offenses under the Armed Career Criminal Act and he was not eligible for relief under Johnson v. United States. View "Tribue v. United States" on Justia Law