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Resentencing Request Comes Too Late (access required)

Although a convicted drug offender says he should be resentenced without a career offender enhancement, in light of U.S. v. Simmons, the en banc 4th Circuit says his motion for resentencing under 28 U.S.C. § 2255 is untimely, and affirms the district court’s dismissal of the motion. Petitioner Deangelo Whiteside pleaded guilty to possession with intent ...

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