Eleventh Circuit Court of Appeals - Published Opinions

Thursday, October 10, 2019

Thomason: No Re-sentencing Hearing Require After Johnson Relief on Collateral Review

In United States v. Thomason, No. 17-11668 (Oct. 10, 2019) (William Pryor, Jill Pryor, Robreno), the Court upheld the denial of a re-sentencing hearing after obtaining Johnson relief on collateral review.

The Court found that no re-sentencing hearing was required because the erroneous ACCA enhancement did not affect the defendant's guideline range, and the judge re-sentenced the defendant to a lower guideline-range sentence after obtaining written submissions about the 3553(a) factors.  It did not matter that the original guideline range would have been affected by the Johnson error had it been correctly calculated at the original sentencing, since that error was not cognizable on collateral review.  And even though the judge, at re-sentencing, chose to run all of the unenhanced 922(g) counts consecutively in order to reach the high end of the guideline range, that did not constitute enough discretion to warrant a re-sentencing hearing with the defendant present.