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Charles Derrick Keller v. United States of America

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ARGUED FEBRUARY 16, 2011

Before POSNER, FLAUM, and SYKES, Circuit Judges.

This case raises questions about timeliness and waiver in connection with a federal prisoner’s motion under 28 U.S.C. § 2255 to set aside or correct an enhanced sentence based on predicate state-court convictions that are alleged to have been vacated. Charles Derrick Keller pleaded guilty to possession of a firearm by a felon in violation of 18 U.S.C. § 922(g)(1). In his plea agreement, he waived his right to contest any aspect of his conviction or sentence unless the sentence exceeded either the sentencing-guidelines range as calculated by the district court “or any applicable statutory minimum, whichever is greater.” The district court sentenced Keller as an armed career criminal to a term of 180 months, the statutory minimum. See 18 U.S.C. § 924(e)(1). In accordance with the terms of his appeal waiver, he did not pursue a direct appeal.

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