U.S. Court of Appeals for the Eighth Circuit, 2015

United States v. Haldon Gilkes

United States v. Haldon Gilkes
U.S. Court of Appeals for the Eighth Circuit · Decided February 19, 2015 · Benton, Gruender, Per Curiam, Smith
593 F. App'x 596

United States v. Haldon Gilkes

Opinion

PER CURIAM.

Haldon' Gilkes is serving a five-year prison term after pleading guilty to a drug-conspiracy offense in violation of 21 U.S.C. §§ 841(a)(1), 846. He timely filed a 28 U.S.C. § 2255 motion, and the district court, without an evidentiary hearing, entered an order summarily denying his motion. This court granted Gilkes a certificate of appealability regarding his claim that his counsel was ineffective in failing to seek safety-valve relief under 18 U.S.C. § 3553(f).

*597 On appeal, Gilkes asserts, among other things, that he met all of the requirements to be eligible for safety-valve relief, and consequently he should have received a lower sentence. In response, the government concedes that Gilkes met four of the five criteria for safety-valve relief, but contends that the record is unclear as to whether he met the fifth criterion, which involves truthfully providing information to the government concerning the offense or related offenses. Accordingly, the government suggests that a remand to develop the record would be appropriate.

Accordingly, we vacate the district court’s order as to this claim only, and we remand the case to the district court for further proceedings consistent with this opinion.

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