United States v. Daily

Defendant was convicted of conspiring to commit bank robbery, committing bank robbery, and using a firearm during a crime of violence. On appeal, defendant challenged the sentence that the district court imposed after granting him relief from his previous sentence under 28 U.S.C. 2255. The government cross-appealed, asserting that relief was time-barred and that the district court had no statutory power to resentence defendant. Because the district court did not err in noticing the error in the original calculation of defendant's sentence, and the government did not dispute that defendant's counsel was ineffective in not calling the court's attention to the error or that the error merited plain error relief, the court affirmed the judgment of the district court. View "United States v. Daily" on Justia Law