Herrera v. United States, No. 15-2988 (8th Cir. 2016)
Annotate this CasePetitioner pled guilty to five counts of distributing pure methamphetamine and one count of conspiring to distribute 50 grams or more of pure methamphetamine within 1000 feet of a playground or school. Petitioner filed a motion to vacate or correct his 120-month sentence under 28 U.S.C. 2255, arguing ineffective assistance of counsel because his attorney had not challenged the government's calculation of the pure methamphetamine he had sold. In this case, petitioner pled guilty to distributing mixtures which in total contained 87.5 grams of pure methamphetamine. Petitioner shows no authority supporting his argument that the 10-year mandatory minimum under 21 U.S.C. 841(b)(1)(A)(viii) does not apply to him, or that his counsel was deficient in failing to dispute the government's calculation of pure methamphetamine he distributed. Accordingly, the court affirmed the judgment.
Court Description: Murphy, Author, with Shepherd, Circuit Judge, and Perry, District Judge] Prisoner case - Habeas. Where defendant admitted dealing 87.5 grams of pure methamphetamine and was sentenced to the mandatory minimum covering such an offense, there was no basis for his argument that his attorney was deficient in failing to dispute the government's quantity calculation.
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