Gibbs v. United States

OPINION

JULIA SMITH GIBBONS, Circuit Judge.

Larry Gibbs was convicted of conspiracy to distribute heroin and sentenced as a career offender to thirty years’ imprisonment. In 1997, he filed a petition for a writ of habeas corpus on the grounds that a prior state conviction for narcotics possession had been improperly assessed as a predicate trafficking offense under the federal sentencing guidelines. This court denied his petition, finding that Gibbs’s failure to raise this claim during his' direct appeal constituted a procedural default. Gibbs v. United States (Gibbs I), 3 Fed. Appx. 404 (6th…