Tribue v. United States, No. 18-10579 (11th Cir. 2019)
Annotate this Case
The Eleventh Circuit affirmed the district court's denial of a 28 U.S.C. 2255 motion to vacate petitioner's sentence. The district court ruled that petitioner failed to prove that the ACCA's residual clause affected his sentence because he still had three qualifying serious drug offenses.
The court held that the government did not waive reliance on petitioner's 2007 conviction for delivery of cocaine, and in the section 2255 proceedings the government permissibly introduced Shepard documents to prove the qualifying nature of that 2007 conviction. Therefore, petitioner had three prior convictions that qualified as serious drug offenses under the Armed Career Criminal Act and he was not eligible for relief under Johnson v. United States.
The court issued a subsequent related opinion or order on May 14, 2020.
Some case metadata and case summaries were written with the help of AI, which can produce inaccuracies. You should read the full case before relying on it for legal research purposes.
This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.