United States v. Wheeler, No. 16-6073 (4th Cir. 2018)Annotate this Case
The Fourth Circuit vacated the district court's denial of appellant's savings clause request and dismissal of his 28 U.S.C. 2241 petition. The court held that appellant satisfied the requirements of the savings clause pursuant to its decision in In re Jones, 226 F.3d 328 (4th Cir. 2000), because a retroactive change in the law, occurring after the time for direct appeal and the filing of his first section 2255 motion, rendered his applicable mandatory minimum unduly increased, resulting in a fundamental defect in his sentence. Accordingly, the court remanded with instructions that appellant's section 2241 petition be considered on the merits.
The court issued a subsequent related opinion or order on June 12, 2018.