United States v. Foote, No. 13-7841 (4th Cir. 2015)
Annotate this CaseIn 2006, Appellant pled guilty to three counts of distribution of crack cocaine after previously being convicted of a felony drug offense. In 2007, the district court found Appellant to be a career offender and sentenced him to 262 months’ imprisonment. In 2011, Appellant filed a petition for collateral release pursuant to 28 U.S.C. 2255, arguing that the district court erred in sentencing him as a career offender. While Appellant’s petition was pending, the Fourth Circuit decided United States v. Simmons. Appellant amended his section 2255 petition, arguing that his career offender designation was nullified under Simmons. The district court denied the petition. The Fourth Circuit affirmed, holding that Appellant’s section 2255 petition did not present a claim that was cognizable on collateral review.
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