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Eleventh Circuit holds erroneous sentencing does not violate a constitutional right

By Douglas A. Berman

I have long thought that being sentenced to a longer prison term than is legally appopriate would constitute a violation of a constitutionally protected liberty interest.  But a short opinion from the Eleventh Circuit today in Hunter v. US, No. 07-13701 (11th Cir. Feb 24, 2009) (available here) suggests otherwise.  Here is how Hunter starts: This appeal presents the issue whether a criminal defendant who was erroneously sentenced has made ?a substantial showing of the denial of a constitutional right.? 28 U.S.C. § 2253(c)(2). Demarick Hunter is a federal prisoner serving a sentence of imprisonment of 188 months for being a felon in possession of a firearm, 18 U.S.C. § 924(g).  He moved to vacate his sentence, 28 U.S.C. § 2255, and the district court denied his motion...continue to full post

Full post as published by Sentencing Law and Policy on February 24, 2009 (boomark / email).