Malcolm McGee v. United States
DueProcess HabeasCorpus
When does a state post-conviction remedy qualify as a 'successful attack' on a state prison sentence, such that a subsequent federal sentence enhancement is invalidated and resentencing is warranted?
QUESTION PRESENTED When does a state post-conviction remedy qualify as a “successful attack” on a state prison sentence, such that a subsequent federal sentence enhancement is invalidated and resentencing is warranted? ii RELATED CASES California v. Malcolm McGee, Superior Court of Los Angeles County, California. Judgment entered November 7, 1989. United States v. Malcolm McGee, No. 4-cr-00105, U.S. District Court for the Northern District of Oklahoma. Judgment entered April 19, 2001. United States v. Malcolm McGee, No. 01-5076, U.S. Court of Appeals for the Tenth Circuit. Judgment entered June 24, 2002. United States v. Malcolm McGee, No. 03-cv-885, U.S. District Court for the Northern District of Oklahoma. Judgment entered February 20, 2007. United States v. Malcolm McGee, No. 15-cv-00293, U.S. District Court for the Northern District of Oklahoma. Judgment entered January 30, 2018. United States v. Malcolm McGee, No. 18-5019, U.S. Court of Appeals for the Tenth Circuit. Judgment entered January 19, 2019.