United States v. Harris
5:07-cr-00006
S.D.W. VaSep 12, 2013Background
- Derrick Harris moved under 28 U.S.C. § 2255 to vacate his sentence.
- Harris pled guilty in 2007 to possession with intent to distribute cocaine base.
- The plea triggered a career offender enhancement under U.S.S.G. § 4B1.1(a).
- In 2007, Harris was sentenced to 205 months plus four years of supervised release.
- Appeal on counsel’s failure to object to the career offender enhancement was unsuccessful.
- The Magistrate Judge recommended denial; Harris objected arguing Alleyne requires new consideration.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether Alleyne is retroactive to § 2255 review | Harris contends Alleyne creates a new retroactive rule. | Government argues Alleyne is not retroactive on collateral review. | Alleyne not retroactive to Harris for § 2255 purposes. |
| Whether Alleyne requires indictment proof for career offender facts | Alleyne requires jury found facts increasing minimums; applies to career offender facts. | Career offender facts are not elements; no jury requirement for them. | Alleyne does not apply; career offender facts are not elements increasing mandatory minimum. |
| Whether Harris’s other grounds are procedurally barred or meritless | Grounds A and C should be revisited; related to ineffective assistance. | Grounds are procedurally barred and meritless on collateral review. | Claims denied; grounds deemed procedurally barred and meritless. |
Key Cases Cited
- Alleyne v. United States, 133 S. Ct. 2151 (2013) (mandatory-minimum facts must be proven to a jury)
- Apprendi v. New Jersey, 530 U.S. 466 (2000) (facts increasing maximum penalty must be proved to a jury)
- Teague v. Lane, 489 U.S. 288 (1989) (new rules generally not retroactive on collateral review)
- Gilbert v. United States, 640 F.3d 1293 (11th Cir. 2011) (guidelines enhancements are not offenses charged to juries)
- Kenney v. United States, 391 F. App’x 169 (3d Cir. 2010) (career-offender enhancements are not charged offenses)
- Crockett v. United States, 813 F.2d 1310 (4th Cir. 1987) (elements of possession with intent to distribute required)
- Boeckenhaupt v. United States, 537 F.2d 1182 (4th Cir. 1976) (procedural default rules govern collateral review)