KING v. U.S.

No. 09-2212.

595 F.3d 844 (2010)

Johnnie KING, Petitioner-Appellant, v. UNITED STATES of America, Respondent-Appellee.

United States Court of Appeals, Eighth Circuit.

Filed: February 23, 2010.


Attorney(s) appearing for the Case

Lee Lawless, AFPD, argued, St. Louis, MO, for Appellant.

Thomas Joseph Mehan, AUSA, argued, St. Louis, MO, for Appellee.

Before MURPHY and BYE, Circuit Judges, and STROM, District Judge.


MURPHY, Circuit Judge.

Before the court is Johnnie King's appeal from the denial of his motion to vacate his sentence pursuant to 28 U.S.C. § 2255. After King pled guilty to one count of possession of crack cocaine with intent to distribute, he was sentenced as a career offender under U.S.S.G. § 4B1.1 to a term of 196 months. King's direct appeal was dismissed on the basis of an appeal waiver in his plea agreement. That agreement preserved the right to raise...

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