Eleventh Circuit Court of Appeals - Published Opinions

Monday, August 25, 2014

Haynes: Invited error where defendant appeals the very sentence he invited

In U.S. v. Haynes, No 12-12689 (Aug. 22, 2014), the Court held that the doctrine of “invited error” precluded Haynes from challenging his categorization as a “career offender” in a separate sentence on a separate case from the one for which the district court amended his sentence at resentencing. Haynes was charged with a total of five crimes, in two separate federal prosecutions. He pled guilty to all five crimes in one proceeding, and was sentenced at a single sentencing proceeding. After an unsuccessful appeal, Haynes filed a § 2255 motion, arguing that one of his sentences exceeded the statutory maximum, and further arguing that he was erroneously sentenced as a career offender. At his resentencing, the district court announced that it agreed that one sentence exceeded the statutory maximum, and defense counsel acknowledged that the court was “not going to touch the other case.” Defense counsel urged the court to impose a 322 month sentence. The district court imposed a 322-month sentence. On appeal, the Court refused to entertain the challenge to the career offender designation. The Court noted that defense counsel had remarked that the district court would “not . . . touch the other case,” and would not now fault the district court for abiding by counsel’s request. Further “defense counsel herself proposed the amended sentence lengths.” “Because Haynes appeals the very sentence he invited the resentencing court to impose, we decline to review the alleged errors.”