u/DaleChappell

Interesting development out of the Supreme Court in Lairy v. United States, No. 25-821, today regarding illegal sentence litigation and procedural defaults.

In a statement respecting denial of certiorari, Justice Sotomayor wrote:

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That statement came directly from the government’s brief opposing Supreme Court review, where DOJ told the Court:

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What makes this especially noteworthy is the response from Lairy’s counsel:

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Counsel also noted:

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This could become important in ACCA, career offender, and § 851 litigation where the government continues asserting statute-of-limitations and procedural-default defenses despite concededly unlawful sentence enhancements.

Interesting development out of Lairy v. United States, SCT No. 25-821, today regarding illegal sentence litigation and procedural defaults.

In a statement respecting denial of certiorari, Justice Sotomayor wrote:

>

That statement came directly from the government’s brief opposing Supreme Court review, where DOJ told the Court:

>

What makes this interesting is the response from Lairy’s counsel:

>

Counsel also noted:

>

IF there is such a policy now, this may be helpful for federal prisoners seeking § 2255 relief from illegal ACCA, career offender, § 851, and other enhanced sentences where the government attempts to rely on statute-of-limitations or procedural-default defenses despite the sentence exceeding the lawful statutory maximum.