Phillips v. United States, No. 14-11960 (11th Cir. 2017)
Annotate this CasePetitioner, convicted of conspiracy and drug-related charges, appealed the district court's order denying his motion to vacate his sentence under 28 U.S.C. 2255. The court affirmed the district court's judgment affirming petitioner's convictions on Counts 14 and 17, and its finding that petitioner abandoned any challenge to Count 11. However, the court agreed with the parties and concluded that petitioner's conviction for conspiracy to distribute crack cocaine, Count 1, should be vacated. In this case, a police officer's false testimony was material to the government's case, and the government conceded that it cannot show that the perjured testimony did not have a substantial and injurious effect on the verdict. Therefore, the court vacated petitioner's conviction on Count 1 and remanded for resentencing.
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