United States v. Hoskins, No. 17-70 (2d Cir. 2018)Annotate this Case
The Second Circuit vacated the district court's grant of defendant's 28 U.S.C. 2255 motion and resentence to a lesser term of imprisonment than was initially imposed. The court held that defendant failed to meet his heavy burden of demonstrating a miscarriage of justice where frustration of a sentencing judge's subjective intent did not, by itself, render a sentence a miscarriage of justice to support a cognizable collateral challenge to that sentence. In this case, defendant pleaded guilty to one count of knowingly and intentionally distributing cocaine base, a schedule II controlled substance. In accordance with the plea agreement, defendant was sentenced to 112 months in prison. After defendant was sentenced, his conviction on a predicate offense was vacated and then became the basis of his section 2255 motion.