United States v. Brown, No. 17-3645 (8th Cir. 2019)
Annotate this CaseDefendant's 28 U.S.C. 2255 petition was successive and his substantive arguments were barred. The Eighth Circuit held that defendant's second amended judgment was not a new sentence where the judge orally sentenced him to 480 months in prison for count 6 of his conviction. The court held that the oral order directing the district court to correct its judgment did not change the sentence and the oral sentence of 480 months in prison was controlling. Accordingly, the court affirmed the second amended sentence.
Court Description: Benton, Author, with Beam and Erickson, Circuit Judges] Criminal case - Sentencing. For the court's prior opinion in the matter, see U.S. v. Brown, 560 F.3d 754 (8th Cir. 2009). Brown's second amended judgment is not a new sentence as this court's 2016 order in the matter directed the district court to correct the judgment to reflect the sentence on a particular count but did not change the sentence or create a new sentence for the purpose of filing a new Section 2255 petition; the district court's second amended sentence is affirmed.
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