Smith v. United States

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The Eighth Circuit affirmed the district court's denial of petitioner's 28 U.S.C. 2255 motion. The court held that there was no error in applying the concurrent sentence doctrine and the district court did not abuse its discretion in not ordering a complete resentencing. In this case, petitioner's career offender sentence on possession of cocaine with intent to distribute was still valid under Beckles v. United States, 137 S. Ct. 886 (2017).The court also held that appellate counsel did not provide constitutionally ineffective assistance by failing to inform this court on direct appeal that petitioner's sentence might be affected by the Supreme Court’s impending decision in Johnson v. United States, 135 S. Ct. 2551 (2015). The court reasoned that the failure of counsel to anticipate a rule of law that has yet to be articulated did not render counsel's performance professionally unreasonable. View "Smith v. United States" on Justia Law