This is a habeas corpus action. The petitioner had been convicted in August, 1997, of a one count of possession of cocaine with intent to distribute. His sentence had been enhanced under §4B1.1 of the Uniform Sentencing Guidelines because, at the time of his sentencing, the court believed that he had been convicted of two prior felonies, one in the Circuit Court for Prince George's County.
In 1991, the petitioner had been convicted in the Circuit Court for Prince George's County of the felony of possession with intent to distribute narcotics. In April of 1997, the petitioner's 1991 conviction was reduced to a misdemeanor. Subsequently, however, for reasons that were not explained, in June of 1997, the Circuit Court for Prince George's County denied a previously filed motion for reconsideration of the 1991 conviction, essentially reviving it.
As part of this proceeding, the federal court sought clarification from the Circuit Court for Prince George's County as to which order (April, 1997, or June, 1997) was controlling. In response, the Circuit Court for Prince George's County vacated the entire 1991/1997 series of convictions and set the matter in for a new trial.
Under the circumstances, the District Court swept aside a host of procedural questions raised by the Government and held that the enhanced sentence was illegal because the petitioner had only one prior felony conviction. The petitioner's prior sentence was vacated and the matter set in for a re-sentencing.
A copy of the opinion is available in PDF. A copy of the order is here.
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