Cuevas v. United States

LYNCH, Chief Judge.

This appeal requires us to decide a narrow question: Does a criminal defendant whose federal sentence was increased based on state convictions that have since been vacated for the reasons here and who seeks to obtain resentencing on the federal charge have a claim that is cognizable under 28 U.S.C. § 2255? We hold that the claim is cognizable. We reverse the district court’s contrary determination and remand for prompt further proceedings consistent with this opinion.

I

On August 12, 2011, Alexander Cuevas was convicted by a jury of one count of conspiracy to possess with…