Home / Opinion Digests Criminal Law / Conviction Vacated, Motion Not ‘Successive’ (access required)

Conviction Vacated, Motion Not ‘Successive’ (access required)

A defendant convicted of drug conspiracy gets another chance to challenge his sentence after a state court vacated one of the convictions that counted toward his criminal history category; the 4th Circuit says the current motion under 28 U.S.C. § 2255 is not a successive motion, and reverses the district court decision. One of defendant’s prior ...

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