United States v. Thomason, No. 17-11668 (11th Cir. 2019)
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The Eleventh Circuit held that the district court did not abuse its discretion by denying defendant a resentencing hearing after it granted his motion to correct his sentence, 28 U.S.C. 2255, for an error that affected four of his eight counts of conviction but did not change his guideline range.
The court held that the Johnson error in defendant's original sentencing did not undermine his sentence as a whole. Furthermore, by imposing the original sentence for defendant's four felon-in-possession counts, the district court did not rely on a guideline range that was affected by the Johnson error, nor did it appear to rely on the erroneous fifteen-year mandatory minimum. Rather, the district court calculated a guideline range that was unaffected by the error and then, after determining that the top of that range was insufficient, departed upwards. Furthermore, the exercise of the district court's discretion was not so significant that due process required it to hold a hearing with defendant present.
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