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: Fourth Circuit Blog

Vacation of Some ACCA Priors Does Not Guarantee Resentencing

By Jonathan Byrne

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US v. Pettiford: This is an appeal from the district court's granting of Pettiford's 2255 motion, vacating his sentence under the ACCA. At his original sentencing, Pettiford stipulated (as part of the plea agreement) that the ACCA applied to him. A Government notice had identified five prior qualifying convictions. After sentencing, a state court vacated two of those prior convictions. Afterwards, Pettiford filed a 2255 motion seeking to vacate his sentence, arguing that he no longer fell under the ACCA, both because of the vacation of two of the prior convictions and because a third should not be counted as a predicate offense applying the Supreme Court's decision in Shepard (decided after Pettiford was initially sentenced). He thus has only two prior qualifying convictions...continue to full post

Full post as published by Fourth Circuit Blog on June 07, 2010 (boomark / email).

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