Wiggins v. United States, No. 16-4540 (8th Cir. 2018)Annotate this Case
The 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.