Paul Williams v. United States

This is an appeal from the district court’s denial of a 28 U.S.C. § 2255 petition seeking to invalidate an enhanced sentence imposed pursuant to 21 U.S.C. § 841 (b)(1)(A). 487 F.Supp. 927 . Section 841(b)(1)(A) provides for enhanced sentencing of recidivist narcotics offenders and states, “If any person commits [a federal drug law] violation after one or more prior [federal drug law] convictions ... have become final, such person shall be sentenced to [an enhanced] term of imprisonment of not more than 30 years, a fine of not more than $50,000, or both.”

Petitioner argues that the conviction used for enhancement in his case was not “final” within the meaning of that section because the United States Supreme Court, at the time of the challenged sentencing, had not yet denied a petition for a writ of certiorari to review the underlying prior conviction.

The parties agree that if the prior conviction was still subject to direct review, the conviction was not final for purposes of enhanced sentencing under section 841(b)(1), and that the enhanced portion of the sentence has to be vacated. That is the square holding of United States v. Allen, 566 F.2d 1193, 1195 (3rd Cir. 1977),…