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173201P.pdf 07/18/2019 Mario Smith v. United States
U.S. Court of Appeals Case No: 17-3201
U.S. District Court for the District of Minnesota - Minneapolis
[PUBLISHED] [Loken, Author, with Colloton and Kelly, Circuit Judges]
Prisoner case - Habeas. The district court properly applied the concurrent
sentence doctrine to find that while Smith was entitled to relief on his
ACCA felon-in-possession sentence, his career offender sentence on
possession of cocaine with intent to distribute was still valid under
Beckles; as the sentences on the two charges was the same length, no
reduction of Smith's sentence was required; Smith was not entitled to a
full resentencing under the sentencing package doctrine; claim that
appellate counsel provided constitutionally ineffective assistance of
counsel by failing to inform this court on direct appeal that Smith's
sentence might be affected by the Supreme Court's impending decision in
Johnson rejected. Judge Kelly, dissenting.