United States v. Bell, No. 15-2670 (7th Cir. 2016)
Annotate this CaseBell was convicted of conspiring to distribute crack cocaine and of using a communications facility to commit a felony, 21 U.S.C. 841(a), 843(b), 846. The Seventh Circuit affirmed Bell’s 300-month sentence following a limited remand for reconsideration in light of the 2007 amendment to the Sentencing Guidelines. On remand, the district court explained that the below-Guidelines sentence was imposed after the amendment and noted Bell’s extensive criminal history. Bell then brought a collateral attack under 28 U.S.C. 2255, arguing that his attorney had abandoned him on appeal by not replying to that response by the district court to the limited remand. Granting collateral relief, the district court authorized Bell to submit the reply his attorney had not filed to the Seventh Circuit. The appellate court concluded that the submission offered no reason to revise his sentence and affirmed. The court noted that, after granting his section 2255 motion, the district court did not enter a new judgment, and construed Bell’s new notice of appeal as a motion to recall the original mandate, declining to consider additional arguments.
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