Byers' Administrator v. Hines

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

• holding that while “Johnson creates a substantive rule as to the ACCA because designation as an armed career criminal necessarily alters the statutory range of available sentences,\ it \does not establish a substantive rule as to the Sentencing Guidelines.”
• holding that defendant failed to show a reasonable probability he would have pled guilty absent counsel’s alleged error in failing to explore the range of penalties with him, where defendant maintained his innocence on post- conviction review
• finding that the rule was not substantive because “a sentencing court always has the authority to vary up or down from the suggested sentence for career offenders”
• Johnson did not establish a substantive rule as to career offender provision in the Guidelines, or a watershed procedural rule, and thus did not apply retroactively on collateral review

Source: CourtListener parenthetical corpus (CC0).