Wiggins v. United States, No. 16-4540 (8th Cir. 2018)
Annotate this CaseThe Eighth Circuit affirmed movant's 10 year sentence where he accepted the government's reoffer of the sentence in a plea agreement. The court held that the appeal was timely filed because the district court's order granting relief under 28 U.S.C. 2255 did not become final until after resentencing. The court also held that the district court did not clearly err in determining that movant would not have accepted the second plea offer and in any event whether both plea bargains were reoffered was irrelevant because the district court could have rejected either or both proposals.
Court Description: Shepherd, Author, with Wollman and Erickson, Circuit Judges] Habeas Case - Motion to Vacate. District court's order granting relief under 28 U.S.C. sec. 2255 does not become final until after resentencing and thus appeal was timely filed. Following prior grant of ineffective assistance of counsel claim, district court required government to reoffer one of the two plea offer options previously available, finding that it not credible that Wiggins would have accepted the second plea offer option. On appeal, the district court did not clearly err in determining Wiggins would not have accepted the second plea offer and in any event whether both plea bargains were reoffered is irrelevant because district court could have rejected either or both proposals.
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