Adams v. United States

Adams was convicted of possessing, with intent to distribute, 100 kilograms or more of marijuana, money laundering, and escaping from federal custody. A 1997 California conviction elevated his statutory maximum term of imprisonment from 40 years to life; that prior conviction was also a predicate conviction under the career offender guideline. Adams faced a Guidelines range of 360 months to life. Defense counsel did not object to the use of the 1997 conviction. The court sentenced him to 420 months. On appeal, Adams’ counsel did not raise sentencing issues; the Seventh Circuit vacated the money laundering conviction and remanded for resentencing. On remand, Adams argued that his California conviction was not a controlled substance offense under the Guidelines. The court reasoned that the argument had been waived and that, on the merits, Adams’ California offense was a controlled substance offense. The court relied on a document in the California court’s record entitled “Complaint‐Felony,” indicating that Adams was convicted of selling cocaine. Adams was actually convicted, however under another filing, “Second Amended Information,” but the charge language was identical, The court imposed the same 420-month sentence. The Seventh Circuit affirmed. Adams filed a 28 U.S.C. 2255 motion, asserting ineffective assistance for failing to object to the use of the 1997 conviction. After the Seventh Circuit affirmed the denial of that motion, Adams moved, under FRCP 60(b), for relief from judgment for exceptional reasons. The Seventh Circuit affirmed the denial of a second Rule 60(b) motions as merely an appeal of issues already addressed, amounting to an unauthorized, second motion under 28 U.S.C. 2255, over which the district court lacked jurisdiction. View "Adams v. United States" on Justia Law