173373P.pdf   02/12/2019  United States  v.  Lamarvin T. Darden
   U.S. Court of Appeals Case No:  17-3373
   U.S. District Court for the Eastern District of Missouri - St. Louis   
   [PUBLISHED] [Melloy, Author, with Smith, Chief Judge, and Stras, Circuit 
   Judge] 
   Prisoner case - Habeas. For defendant's direct appeal, see U.S. v. Darden, 
   688 F.3d 382 (8th Cir. 2012); when a sentence is vacated because counsel 
   failed to appeal, the prescribed procedure is for the district court to 
   vacate the sentence and then reimpose it, and the district court followed 
   this clearly established procedure; even if the sentencing package 
   doctrine or any other consideration should compel a district court to 
   follow a different procedure, any error the district court might commit in 
   not following that different procedure would not be plain; defendant's 
   convictions for second-degree assault on a law enforcement officer were 
   violent felonies under the ACCA; defendant's argument that his 2004 
   second-degree assault convictions should be considered a single conviction 
   was procedurally defaulted; even if considered a single conviction, 
   defendant still had three predicate offenses for ACCA sentencing; argument 
   raised for the first time on appeal would not be considered.