Meirovitz v. United States, No. 11-1887 (8th Cir. 2012)
Annotate this CaseA jury found Defendant guilty of conspiracy to distribute cocaine and possession of cocaine with intent to distribute. The presentence report classified Defendant as a career offender with a sentencing guidelines range of 360 months to life, and a district court sentenced him to life in prison without parole. The Eighth Circuit Court of Appeals affirmed Defendant's conviction and sentence. Defendant later brought a motion under 28 U.S.C. 2255, arguing that, pursuant to Johnson v. United States, his conviction for manslaughter in the second degree under Minn. Stat. 609.205, which contributed to his classification as a "career offender" under U.S.S.G. 4B1.1, was not a crime of violence. The district court denied Defendant's motion. The Eighth Circuit Court of Appeals affirmed, holding that, pursuant to Sun Bear v. United States, Defendant's motion under section 2255 was not cognizable.
Court Description: Prisoner case - habeas. For the court's opinion in Meirovitz's direct appeal, see U.S. v. Meirovitz, 918 F.2d 1376 (8th Cir. 1990). This court's decision in Sun Bear v. United States, 644 F.3d 700 (8th Cir. 2011) (en banc) dictates that Meirovitz's motion under Section 2255 is not cognizable. Judge Bright, concurring.
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