539 F. App'x 946
11th Cir.2013Background
- St. Preux was sentenced in 2007 to a mandatory life term under 21 U.S.C. § 841(b)(1)(A) based on two state drug convictions identified in a § 851 information.
- The government filed a § 851(a)(1) information in December 2006 relying on a 1995 and a 1998 state conviction.
- § 851(b) lets a defendant challenge prior convictions before sentencing; § 851(c)(2) waives challenges not raised; § 851(e) limits challenges to convictions within five years of the information.
- At sentencing, counsel objected to the 1998 conviction due to withheld adjudication, but the district court overruled and the life sentence was affirmed on appeal.
- Post-sentencing, St. Preux sought to correct the 1998 conviction in state court; subsequent orders indicated vacatur occurred years after sentencing, but the 1998 conviction had not been vacated at the time of federal sentencing.
- The § 2255 motion was denied; the Eleventh Circuit reviews legal questions de novo and factual findings for clear error.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Does § 851(e)’s five-year bar foreclose the challenge? | St. Preux contends the burden is not barred due to later vacatur. | Government argues the five-year bar applies since 1998 conviction was more than five years old and no pre-sentencing vacatur existed. | Bar applies; challenge foreclosed. |
| Is McChristian controlling to permit challenges where vacatur occurs after sentencing? | McChristian suggests vacated convictions may be challenged even if outside five years. | McChristian is distinguishable; here vacatur occurred long after sentencing and the bar remains. | McChristian inapplicable. |
Key Cases Cited
- Lynn v. United States, 365 F.3d 1225 (11th Cir. 2004) (de novo review of questions of law in § 2255 appeals)
- United States v. Cook, 291 F.3d 1297 (11th Cir. 2002) (legal standards for sentencing determinations)
- United States v. Williams, 954 F.2d 668 (11th Cir. 1992) (five-year limitation under § 851(e) reasonably tailored to recidivist penalties)
- United States v. Dorsey, 414 F. App’x 206 (11th Cir. 2011) (vacatur status and appellate outcomes related to § 851 collateral challenges)
- United States v. McChristian, 47 F.3d 1499 (9th Cir. 1995) (vacatur of a conviction may affect § 851 challenges when it existed at time government sought enhancement)