Raphael Donnell v. United States

I concur in the Court’s judgment affirming the district court’s denial of Donnell’s 28 U.S.C. § 2255 petition because we are bound by Pierce v. United States, 686 F.3d 529, 534 (8th Cir.2012), and one panel cannot overrule another. I write separately because I disagree with Part II of the Court’s opinion.

The majority, in dicta, criticizes King v. United States, 595 F.3d 844 (8th Cir.2010), and concludes King incorrectly decided a guidelines interpretation question by improperly applying the rule of lenity. In reaching this conclusion, the majority was persuaded by United States v. Williams,…