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July 21, 2010

Eighth Circuit declares Begay retroactive and provides relief in 2255 motion

While I was on the road yesterday, the Eighth Circuit handed down a significant opinion in Sun Bear v. US, No. 09-2992 (8th Cir. July 20, 2010) (available here).  Here is the unofficial summary of the ruling from the Eighth Circuit's website:

Begay applies retroactively to cases on collateral review, and defendant was not a career offender in light of Begay; the district court erred, therefore in applying the career offender guideline to defendant; the court could not say the error was harmless since the court did not clearly indicate that the career offender guideline did not impact its sentencing determination; the matter is remanded for further proceedings.

Though not breaking lots of new jurisprudential ground in Sun Bear, the opinion here clarifies and connects a lot of important points for folks working on various criminal history issues, especially on collateral review.

July 21, 2010 at 10:33 AM | Permalink


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Excellent record preservation for the benefit of retroactivity

Posted by: Benson Weintraub | Jul 21, 2010 2:57:20 PM

I'm very interested in this matter and I myself do alot of research as well. Either way it was a well thought out and nice read so I figured I would leave you a comment.

Posted by: trollbeads australia | Apr 11, 2011 3:23:07 AM

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