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Dudley Bryant, Jr.v.Warden, Fcc Coleman - Medium

CourtUnited States Court of Appeals for the Eleventh Circuit
Docket No.12-11212
DecidedDecember 24, 2013
Reporter177 F.3d 1236
JudgesUnited States Court of Appeals for the Eleventh Circuit
Tags
CriminalCriminal LawCriminal ProcedureHabeas CorpusSentencingSentencing GuidelinesStatutory InterpretationConstitutional InterpretationVacaturRemandDissent
Case Summary

Dudley Bryant was serving a 235-month sentence for possessing firearms as a felon after the sentencing court treated a Florida concealed-firearm conviction as an Armed Career Criminal Act predicate. When Bryant challenged that treatment in his first § 2255 proceeding, binding Eleventh Circuit precedent foreclosed the claim. The Supreme Court later decided Begay, and Eleventh Circuit decisions recognized that Begay undermined the precedent supporting the enhancement. Bryant therefore sought relief under § 2241 through § 2255(e)’s savings clause after his later § 2255 motion was procedurally unavailable. The Eleventh Circuit held that the savings clause applied. It required Bryant to show that circuit precedent had squarely foreclosed his specific claim through sentencing, direct appeal, and his first § 2255 proceeding; that Begay retroactively overturned that precedent; and that the resulting error made his sentence exceed the ten-year statutory maximum. Bryant satisfied those requirements because his concealed-firearm conviction no longer qualified as the predicate used to impose the enhanced statutory range. The court vacated the district court’s dismissal and remanded for habeas relief. Judge Martin concurred in the result but disputed the majority’s restrictions on when foreclosure is measured and how broadly a habeas court may fashion a remedy.

Opinion

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