Opinions April 4, 2018
The following 7th Circuit Court of Appeals decision was posted after IL deadline Tuesday:
LeeAnn Brock-Miller v. United States of America
16-3050
Appeal from the United States District Court for the Southern District of Indiana, Indianapolis Division. Judge Sarah Evans Barker.
Civil. Reverses the denial of LeeAnn Brock-Miller’s motion under 28 USC section 2255 challenging her conviction of conspiracy to possess with intent to distribute heroin. Finds Brock-Miller’s 2008 conviction did not qualify as a felony drug offense subjecting her to a recidivist enhancement. Also finds Brock-Miller has presented sufficient evidence to justify a hearing on both deficient performance and prejudice under Strickland v. Washington, 466 U.S. 668 (1984). Remands for a hearing on Brock-Miller’s motion.