Cases & Deals

Jones Day prevails in habeas-corpus case on behalf of federal prisoner’s challenge to his sentencing enhancement under Armed Career Criminal Act

Clients Kirk, Okera J.

Jones Day prevailed in a habeas-corpus case on behalf of a federal prisoner challenging his enhanced sentence under the Armed Career Criminal Act, which increased his sentence to 190 months from what would otherwise have been an 120-month maximum. After Jones Day filed its initial brief illustrating why the petitioner could not be subject to the enhancement, the United States changed its position from the district court by confessing error. The Sixth Circuit reversed the denial of habeas relief and remanded for resentencing, finding that it would be a "miscarriage of justice" to force the petitioner to serve an 190-month sentence when his statutory maximum should have been 120 months.