Christopher Mitchell v. United States

Summary

The Sixth Circuit held that a district court lacks discretion to resentence a prisoner de novo after vacating an earlier order granting § 2255 relief and denying the motion; instead, the court must reinstate the original sentence. The court also declined to expand the certificate of appealability, finding that Mitchell’s Sixth Amendment challenge to the use of Shepard documents for the ACCA “different occasions” inquiry was procedurally defaulted and meritless. Key topics: § 2255 postconviction relief, ACCA career offender designation, Tennessee aggravated burglary as violent felony, reinstatement of sentence, procedural default, and certificate of appealability standards.

Holdings

1. After finding Mitchell ineligible for § 2255 relief, the district court was required to reinstate his original sentence and lacked discretion to resentence him.
2. Mitchell's Sixth Amendment claim is procedurally defaulted because he failed to raise it on direct appeal and cannot establish cause to excuse the default. Additionally, the claim lacks merit. Therefore, no certificate of appealability should issue.

Questions Presented

1. Whether the district court had discretion to resentence Mitchell after denying his § 2255 motion.
2. Whether to expand the certificate of appealability to include a Sixth Amendment claim regarding the use of Shepard documents to determine that prior offenses occurred on different occasions.

Disposition

affirmed