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Home / Courts / 4th Circuit / Criminal Practice – Habeas Corpus – Sentencing – Prior Conviction – 2010 Ruling – Not Retroactive (access required)

Criminal Practice – Habeas Corpus – Sentencing – Prior Conviction – 2010 Ruling – Not Retroactive (access required)

U.S. v. Powell The 4th Circuit denies post-conviction relief for a defendant’s 240-month sentence for conspiracy to distribute cocaine, enhanced due to defendant’s prior North Carolina drug conviction; the rule defendant advances from a 2010 U.S. Supreme Court case is not retroactively applicable to cases on collateral review, and defendant’s § 2255 motion is untimely.

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