McNair v. U.S.

Dist. Ct. did not err in denying defendant’s motion for new sentence in his 2003 conviction on drug charge, where defendant contended that his sentence was improperly based, in part, on his Criminal History Category II calculation, resulting from his invalid 1992 Indiana conviction. Record showed that Dist. Ct. had previously rejected defendant’s collateral attack that alleged same issue, and that, subsequently, defendant had successfully vacated 1992 Indiana conviction in 2017. While Dist. Ct. improperly believed that defendant could not seek instant relief because it constituted unauthorized successive collateral attack, dismissal was still appropriate under Johnson, 544 U.S. 295, because instant petition was untimely, where defendant had waited four years to seek relief in state court and nearly 14 years after Dist. Ct. had imposed sentence at issue in his petition seeking new sentence.