United States v. Wheeler, __F.3d__, 2018 WL 1514418 (4th Cir. 2018) The Fourth Circuit recently handed down a very important and precedential decision on the applicability of the savings clause to the legality of a petitioner’s sentence. Appellant Gerald Wheeler was charged in the United States District Court for the Western District of North Carolina […]
Tag: appeal
In United States v. Jacinto-Gonzalez, 2018 WL 1378021, the Eleventh Circuit vacated a sentence in order for an inmate to be credited with the time that he spent in a federal facility. Jacinto- Gonzalez was arrested and charged with being in the United States after being previously deported. He pled guilty on June 23 and […]
In United States v. Bell, 2018 WL 1432956, the Third Circuit vacated an improperly assigned sentence. Bell pled guilty to the offense of felon in possession of a firearm. He was enhanced at sentencing due to the ACCA and his priors. Bell’s first ground for appeal, that his priors did not meet the standard for the […]
In United States v. Knight, No. 16-10404, the Ninth Circuit vacated a sentence after the government failed to recommend a third point off the defendant’s acceptance of responsibility point. Knight originally pled not guilty and asked to extend his trial date. Knight also filed a motion to suppress evidence which was denied. Knight then asked […]