Taylor v. United States, No. 14-1269 (8th Cir. 2015)
Annotate this CaseTaylor was charged with conspiring to possess methamphetamine with intent to distribute and conspiring to launder money. The government offered to dismiss the drug conspiracy count and recommend a two-year sentence if Taylor pled guilty to money laundering. Taylor did not accept the plea. After trial, the court granted judgment of acquittal on the money laundering count. The jury found Taylor guilty on the drug count. Taylor received the mandatory minimum sentence of 120 months imprisonment. The Eighth Circuit affirmed. His conviction became final for purposes of 28 U.S.C. 2255’s limitation period in January 2012. Taylor filed a timely motion to vacate, arguing his attorneys provided ineffective assistance by failing to communicate his decision to accept the plea; failing to request a “cautionary tail” instruction; and failing to request a lesser included offense instruction. After a hearing, Taylor moved to amend to add a claim that his attorneys were ineffective for presenting a defense theory that essentially conceded guilt. The court allowed amendment and granted the motion to vacate on Taylor’s amended claim. The Eighth Circuit reversed with instructions to reimpose the sentence, finding that Taylor’s amended claim did not relate back to any original claim.
Court Description: Shepherd, Author, with Gruender and Kelly, Circuit Judges] Prisoner case - Habeas. The district court erred in finding that a proposed amendment to Taylor's timely-filed habeas petition, filed 10 months after the limitations period had expired, related back to his original claims; the claim was, therefore, time barred, and the district court erred in granting relief on the claim; remanded with instruction to reimpose Taylor's sentence. Judge Kelly, concurring.
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