Gibbs v. United States
655 F.3d 473
6th Cir.2011Background
- Gibbs was convicted of conspiracy to distribute heroin and classified as a career offender under U.S.S.G. § 4B1.1 based on two prior state drug convictions, yielding a 360-month sentence.
- The 1997 habeas petition challenged the classification of Gibbs's 1987 state conviction as a predicate offense under § 4B1.2(b); the district court denied relief and this court affirmed in Gibbs I due to procedural default for not raising the claim on direct appeal.
- Subsequently, Gibbs filed a Rule 60(b) motion arguing actual innocence and that the predicate-offense argument was unavailable during direct appeal; the district court denied relief and Gibbs appeals.
- Montanez, a Sixth Circuit decision in 2006, held that Ohio Rev. Code § 2925.03(A)(4) did not constitute a controlled substance offense under § 4B1.2(b), prompting Gibbs to file the 60(b) motion challenging the default.
- The district court treated the Rule 60(b) motion as governed by default principles and Gibbs appealed, contending that his procedural default should be excused either for novelty or actual innocence.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether Gibbs's procedural default is excused due to novelty | Claim was novel; tools existed. | Legal tools were available; no exemption. | No; default not excused. |
| Whether Gibbs's procedural default is excused by actual innocence | Montanez shows actual innocence of career-offender designation. | Actual innocence not applicable in noncapital sentencing; even if applicable, not satisfied here. | Not entitled to relief; actual innocence not excusing default. |
Key Cases Cited
- Schlup v. Delo, 513 U.S. 298 (Supreme Court, 1995) (actual innocence gateway for rare miscarriages of justice)
- Dretke v. Haley, 541 U.S. 386 (Supreme Court, 2004) (actual innocence in noncapital context undecided)
- Bousley v. United States, 523 U.S. 614 (Supreme Court, 1998) (novelty analysis for actual innocence remains narrow)
- Sawyer v. Whitley, 505 U.S. 333 (Supreme Court, 1992) (actual-innocence standard tied to eligibility for penalty)
- United States v. Montanez, 442 F.3d 485 (6th Cir. 2006) (held Ohio §2925.03(A)(4) did not constitute a controlled substance offense)