Russell Peden v. United States
Opinion
*1152
In 2002, Russell Peden pleaded guilty to one count of possession with intent to distribute 50 grams or more of cocaine base. At sentencing, the district court classified him as a career offender under United States Sentencing Guidelines § 4B1.1 based in part on a previous conviction for California burglary, which the district court determined qualified as a predicate "crime of violence" under the Guidelines. The district court sentenced Peden to 262 months' imprisonment. In June 2016, he moved to correct his sentence under
"We review de novo the district court's decision to dismiss [Peden's] § 2255 motion[ ] based on the statute of limitations."
E.J.R.E. v. United States
,
Peden argues that his motion is timely under § 2255(f)(3) because he filed it within one year of the Supreme Court's decision in Johnson , which he claims recognized the right he asserts here. According to Peden, in addition to striking down the residual clause of the Armed Career Criminal Act, Johnson also effectively invalidated the residual clause of the mandatory Guidelines that were in effect at the time of his sentencing.
Our recent decision in
Russo v. United States
,
The Honorable Beth Phillips, Chief Judge, United States District Court for the Western District of Missouri.
Reference
- Full Case Name
- Russell PEDEN, Petitioner-Appellant, v. UNITED STATES of America, Respondent-Appellee.
- Cited By
- 35 cases
- Status
- Published