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.
164540P.pdf 08/16/2018 Theodore Wiggins v. United States
U.S. Court of Appeals Case No: 16-4540
U.S. District Court for the Western District of Missouri - Kansas City
[PUBLISHED] [Shepherd, Author, with Wollman and Erickson, Circuit Judges]
Habeas Case - Motion to Vacate. District court's order granting relief
under 28 U.S.C. sec. 2255 does not become final until after resentencing
and thus appeal was timely filed. Following prior grant of ineffective
assistance of counsel claim, district court required government to reoffer
one of the two plea offer options previously available, finding that it
not credible that Wiggins would have accepted the second plea offer
option. On appeal, the district court did not clearly err in determining
Wiggins would not have accepted the second plea offer and in any event
whether both plea bargains were reoffered is irrelevant because district
court could have rejected either or both proposals.