United States v. Chaney, No. 13-6491 (4th Cir. 2018)Annotate this Case
The Fourth Circuit dismissed defendant's appeal as untimely under Federal Rule of Appellate Procedure 4(b). In the alternative, the court held that the district court did not abuse its discretion in vacating only defendant's conviction and sentence on the 18 U.S.C. 922(g)(1) count and not ordering a resentencing on defendant's carjacking conviction.
In this case, after the Fourth Circuit issued its decision in United States v. Simmons, 649 F.3d 237 (4th Cir. 2011) (en banc), defendant filed a motion under 28 U.S.C. 2255, challenging his section 922(g)(1) conviction and sentence, as well as his carjacking sentence. The government agreed that defendant was actually innocent of the section 922(g)(1) conviction because he was not a felon at the time. The government thus waived its defenses on the waiver of defendant's plea agreement and the statute of limitations under 28 U.S.C. 2253(f) in order to allow vacatur of defendant's sentence. The district court subsequently granted defendant partial relief, vacating the section 922(g)(1) conviction and sentence but declining to resentence him on the other two counts.