DISCLAIMER: The following unofficial case summaries are prepared by the clerk's office
as a courtesy to the reader. They are not part of the opinion of the court.
101864P.pdf 02/16/2011 Joshua Ackerland v. United States
U.S. Court of Appeals Case No: 10-1864
U.S. District Court for the District of North Dakota - Fargo
[PUBLISHED] [Colloton, Author, with Wollman and Murphy,
Circuit Judges]
Prisoner case - habeas. Government's notice of appeal was timely as to
the underlying judgment vacating Ackerland's sentence; the "illegal
sentence exception" to an otherwise valid waiver of post-conviction rights
did not permit Ackerland to challenge the computation of his criminal
history score under the sentencing guidelines in this post-conviction
proceeding. Order vacated and case remanded for
further proceedings.