Tignor v. United States of America (INMATE 3)
3:09-cv-00291
M.D. Ala.Sep 15, 2011Background
- Tignor pled guilty on August 22, 2005 to felon in possession of a firearm and to possession of a firearm with an altered serial number.
- On February 21, 2006 the district court sentenced him under the ACCA to 15 years (Count 1) and 5 years (Count 2), to run concurrently.
- Tignor did not file a direct appeal following sentencing.
- In March 2009, Tignor moved under 28 U.S.C. § 2255 challenging ACCA sentencing and asserting the sentence exceeded the statutory maximum.
- The ACCA provides a 15-year minimum for felons with three prior violent felonies; without ACCA, the maximum is 10 years for the underlying offense.
- Begay v. United States (2008) held felony DUI is not a violent felony under ACCA, affecting whether ACCA applies.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether Begay renders felony DUI not a violent felony for ACCA. | Tignor argues DUI should not count as violent felony under ACCA. | Government concedes DUI is not a violent felony under ACCA. | Begay excludes DUI as violent felony; ACCA enhancement should not apply on that count. |
| Whether ACCA sentencing exceeded the statutory maximum. | With ACCA removed, Tignor’s sentence would be below the enhanced maximum. | No contrary argument; result depends on ACCA applicability. | Sentence should be reconsidered without ACCA; the maximum would be lower without the enhancement. |
| Whether Tignor should be resentenced without the ACCA enhancement. | Resentencing without ACCA would place sentence within the non-ACCA maximum with possible reduction. | Government does not oppose resentencing without ACCA. | Recommended to grant §2255 relief to remove ACCA and resentence accordingly. |
| Scope of §2255 relief and other claims. | Tignor seeks additional relief beyond ACCA issues. | Government and court view other claims as unsupported or moot. | Relief granted only to the extent of removing ACCA; other relief denied. |
Key Cases Cited
- Begay v. United States, 553 U.S. 137 (2008) (felony DUI not a violent felony under ACCA)
- Nettles v. Wainwright, 677 F.2d 404 (5th Cir. 1982) (procedural requirements for § 2255 relief and objections)
- Stein v. Reynolds Securities, Inc., 667 F.2d 33 (11th Cir. 1982) (de novo review standards and procedures in appeals)
- Bonner v. City of Prichard, 661 F.2d 1206 (11th Cir. 1981) (en banc rule for circuit court precedents)