Keller v. United States, No. 10-1572 (7th Cir. 2011)
Annotate this CasePetitioner entered a plea of guilty to possession of firearm by a felon (18 U.S.C. 922(g)(1) and waived his right to contest any aspect of his conviction or sentence unless the sentence exceeded either the sentencing-guidelines range calculated by the district court "or any applicable statutory minimum, whichever is greater." The district court sentenced him as an armed career criminal to a term of 180 months, the statutory minimum, 18 U.S.C. 924(e)(1). He did not pursue direct appeal. Nearly two years later, he filed a petition for habeas corpus in Oklahoma state court seeking to vacate two of the convictions that were used to enhance his federal sentence. The Oklahoma court entered an order purporting to dismiss the cases, along with six others pending against him. Petitioner moved to vacate, set aside, or correct his federal sentence pursuant to 28 U.S.C. 2255. The district court rejected the motion as untimely and held that it was barred by the waiver. The Seventh Circuit affirmed, noting that while the appeal was in briefing, the Oklahoma court issued a nunc pro tunc order clarifying that its dismissal order did not in fact vacate the predicate convictions.
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