White v. U.S.

Dist. Ct. did not err in denying defendant’s section 2255 petition seeking to set aside his 30-year sentence that was based, in part, on finding that he qualified for enhanced sentencing treatment under Armed Career Criminal Act (ACCA) based upon three prior qualifying convictions. While one of defendant’s prior convictions that was used by Dist. Ct. to support said enhanced treatment, i.e., aggregated fleeing, was subsequently found in Johnson, 576 U.S. 591, to not qualify as predicate offense under ACCA, Dist. Ct. did not err in finding that another prior conviction for drug delivery did qualify as predicate offense under ACCA. As such, defendant could not establish any prejudice arising out of entry of his sentence. Ct. rejected defendant’s argument that he did not have fair notice that his drug delivery conviction would be used as predicate conviction for ACCA finding, where govt. gave him four-month formal notice prior to trial that his drug delivery conviction qualified as ACCA predicate offense. Moreover, defendant waived said issue by failing to argue in his section 2255 petition that his drug delivery conviction did not qualify as ACCA predicate conviction. Too, defendant procedurally defaulted his armed career criminal status claim by failing to mention it in his direct appeal.