Summary of Simmons-Related Cases

John Duberstein

AFPD – M.D.N.C.

July 2014

Miller v. United States, 735 F.3d 141 (4th Cir. 2013) • Retroactivity of Simmons – Simmons is retroactively

applicable on collateral review;• Powell – Carachuri is not retroactively applicable.

Whiteside v. United States, 748 F.3d 541 (4th Cir. 2014). • Equitable tolling applies in Simmons cases where a

defendant was wrongly designated as a career offender;• Career offender status is cognizable on collateral review

because erroneous application of 4B1.1 represents a fundamental miscarriage of justice.

United States v. Valdovinos, Case No. 13-4768 (4 Cir. 2014). • This case presents the issue of whether a North Carolina

state court plea agreement capping the upper limit of a defendant’s sentence at one year or less makes that sentence ineligible to serve as a federal predicate felony. • The case is still pending. Oral argument has been made,

the parties are awaiting a decision.