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.