DISCLAIMER:  Any unofficial case summaries below are prepared by the clerk's office
                        as a courtesy to the reader. They are not part of the opinion of the court.

153223P.pdf   08/16/2016  Deandrea Gray  v.  United States
   U.S. Court of Appeals Case No:  15-3223
   U.S. District Court for the Western District of Missouri - Kansas City   
   [PUBLISHED] [Smith, Author, with Gruender and Benton, Circuit Judges] 
   Prisoner case - Habeas. Gray was convicted and sentenced under the wrong 
   statutory subsection (21 U.S.C. Sec.841(b)(1)(B) rather than 21 U.S.C. 
   Sec. 841(b)(1)(C)), and this made his guilty plea involuntary and 
   unknowing; however the error was harmless as Gray pleaded guilty to an 
   offense with a higher sentencing exposure, and it is only logical to 
   assume that he would have pleaded guilty to the correct charge, which 
   carried a lower sentencing exposure; rather than correcting the error in 
   this Section 2255 proceeding, the district court should resentence 
   defendant and allow him to fully and accurately address all relevant 
   sentencing factors; remanded for further proceedings.