Collateral Sentencing Challenge: New Retroactive Constitutional Rule Barred Motion to Vacate

In King v. United States, the United States Court of Appeals for the Eleventh Circuit addressed a claim brought by a criminal defendant in Georgia to vacate his sentence due to the recent United States Supreme Court decision United States v. Davis despite having previously pled guilty and waiving his right to appeal in exchange for a more lenient sentence. On appeal, the Eleventh Circuit affirmed the United States District Court for the Northern District of Georgia’s decision to deny the defendant’s motion to vacate his 135-month prison sentence for conspiracy to commit bank robbery and using, carrying, or possessing a firearm during a crime of violence.

Joshua S. Lewis, King v. United States, 4 Cumb. L. Rev. Online 104 (2023).