UNITED STATES V. HAYNES, JR.
11TH CIRCUIT COURT OF APPEALS
FACTS:
Defendant Haynes appealed his re sentencing for Possession of a Firearm and Ammunition as a Convicted Felon. Under 22 USC 2255, Haynes filed a motion to vacate his sentence which the district court granted in part because of the sentence violated the maximum sentence of ten years.
However, on appeal, Haynes raised new arguments not brought up at the resentencing. This Court ruled that those new errors were not allowed and should have been addressed at the resentencing in the lower court. Haynes cannot now bring those errors because of the limited record invited by Haynes on review at the lower court level.
BOTTOM LINE:
Had Haynes brought these issues before the district court at resentencing and not agreed to allow the court to only consider the issues brought before the court by limiting the scope, Haynes may have been able to prevail regarding the other various sentencing issues before this Court.
Make sure you have an attorney who will properly preserve your record from appeal so as not to ruin your rights to a fair appeal because the record was not properly preserved, or, as in this case, void of errors and not properly before the Court.
