United States v. Fleming, No. 11-1404 (7th Cir. 2012)
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Defendant, convicted of several serious drug and firearm charges, received a mandatory life sentence. His counsel appealed on evidentiary grounds, and the Seventh Circuit affirmed. Defendant then filed a habeas petition (18 U.S.C. 2255) asserting ineffective assistance of counsel. The government admitted failure to timely file notice of enhanced penalty. The district court set aside the mandatory life sentence and held a hearing on other issues, then imposed a sentence of 480 months. The Seventh Circuit declined to issue a certificate of appealability with respect to the conviction, and affirmed the revised sentence. The district court reasonably considered defendant’s routine drug purchases.
The court issued a subsequent related opinion or order on April 17, 2012.
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