Ronald Weaver v. United States

RILEY, Chief Judge.

A jury convicted Ronald Weaver of conspiracy to manufacture and distribute and possession with intent to distribute cocaine base in violation of 21 U.S.C. §§ 841(a)(1), (b)(1)(A) and 846. After we denied Weaver relief on direct appeal, see United States v. Weaver, 554 F.3d 718, 719 (8th Cir.2009), Weaver moved to vacate his sentence under 28 U.S.C. § 2255(a). Concluding Weaver’s sentencing counsel was ineffective by failing to move for a new trial before sentencing, the district court vacated Weaver’s conviction and ordered a new trial. The government appeals, and Weaver…