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Usav.Jazzman Rickeem Brown

CourtUnited States Court of Appeals for the Eleventh Circuit
Docket No.16-14267
DecidedJanuary 18, 2018
JudgesUnited States Court of Appeals for the Eleventh Circuit
Tags
CriminalCriminal ProcedurePost-Conviction ReliefSentencingVacaturRemandFederal Jurisdiction
Case Summary

Jazzman Rickeem Brown challenged a federal sentence imposed after the district court granted relief under 28 United States Code section 2255. Brown’s original fifteen-year sentence had rested on the Armed Career Criminal Act, but the district court later determined that he no longer qualified for that enhancement and vacated the sentence. The court then imposed the ten-year statutory maximum without holding a resentencing hearing at which Brown could be present and allocute, and without explaining the sentence. The Eleventh Circuit held that correcting the sentence did not eliminate Brown’s right to be heard before the court imposed a new sentence. It vacated the ten-year sentence and remanded for a sentencing hearing at which Brown could attend and allocute. The decision addressed the procedure required when post-conviction relief changes the legal basis for an existing sentence.

Opinion

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Usa V. Jazzman Rickeem Brown — The Atlanta Gleaner