Lester v. Flournoy (P)

The defendant was sentenced to 22 years in prison because he was designated a career offender under the then-mandatory Sentencing Guidelines. However, later precedent established that this designation was wrong and that, as a result, his sentence should have been up to 11 years shorter. The district court denied his petition for habeas corpus relief. But the appellant’s challenge is permitted under the court’s recent decision in United States v. Wheeler, 886 F.3d 415 (4th Cir. 2018).

Vacated and remanded.

Lester v. Flournoy (P), No. 13-6956, Nov. 30, 2018. 4th Cir. (Diaz) from EDVA at Alexandria (O’Grady).



Categories: 4th U.S. Circuit Court of Appeals, Opinions, Published

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