Can a criminal conviction be brought under section 2241 of the Criminal Code because of an erroneous career offender designation?
MultiRegion, United States of America
The following excerpt is from Allen v. Ives, 976 F.3d 863 (Mem) (9th Cir. 2020):
11 Lester v. Flournoy , 909 F.3d 708, 716 (4th Cir. 2018) ("Where, as here, an erroneous career offender designation raises a defendant's mandatory prison term from a maximum of 12 years to a minimum of almost 22, the resulting sentence is fundamentally defective" and can give rise to jurisdiction under 2241.).
"The most advanced legal research software ever built."
The above passage should not be considered legal advice. Reliable answers to complex legal questions require comprehensive research memos. To learn more visit www.alexi.com.
Other Questions
When counting criminal convictions for career offender purposes under section 4A1.2 of the Criminal Code, is the criminal conviction of a career offender included in the criminal record calculation? (MultiRegion, United States of America)
Are there any cases where the Supreme Court has found that criminal convictions for common law crimes against individuals who have not been convicted of criminal convictions are sufficient grounds for criminal convictions? (MultiRegion, United States of America)
Can a criminal conviction under section 2113(a) of the Civil Code of Civil Procedure be brought under Section 2113 of the Criminal Code when a plaintiff is injured in an accident? (MultiRegion, United States of America)
In a federal sex offender case, in what circumstances will a defense counsel be allowed to use the past convictions of a convicted sex offender as evidence in the criminal threats trial? (MultiRegion, United States of America)
What is the test for a federal conviction for a violation of section 11358 of the Criminal Code of New York City (the federal criminal code) of Section 11358, and what is the current state of the law on such a violation? (MultiRegion, United States of America)
In a motion to amend the sentence of a convicted criminal to a maximum sentence under Section 851 of the Criminal Code, what is the difference between the convictions of two separate defendants? (MultiRegion, United States of America)
Is a revocation of probation imposed on a previous criminal conviction as a result of a new criminal conviction treated as one sentence for purposes of calculating a defendant's criminal history? (MultiRegion, United States of America)
What is the effect of a state's expungement of conviction for a criminal conviction under Section 1251(a) of the Criminal Code when it refers to "Prison or Corrections Institute" as "COUNTY JAIL"? (MultiRegion, United States of America)
Is a conspiracy conviction under section 846 of the Criminal Code mandatory minimum sentence for conspiracy to commit a crime punishable by section 841 of the Federal Criminal Code? (MultiRegion, United States of America)
Is Section 2254(d) of the Federal Criminal Code sufficient to establish that the federal habeas proceedings are the principal forum for asserting constitutional challenges to the conviction of a convicted criminal? (MultiRegion, United States of America)
