United States v. Fluker

The Fourth Circuit vacated defendant's 308 month resentence after a successful 28 U.S.C. 2255 motion to vacate, set aside, or correct his sentence. The court agreed with defendant that the district court improperly designated him as a career offender under the 2016 United States Sentencing Guidelines Manual, and that this incorrect designation led to the further error of applying the wrong version of the Guidelines Manual to determine his Guidelines range. Therefore, the court remanded for resentencing. View "United States v. Fluker" on Justia Law