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Yes, We Were Wrong;No, We Will Not Make It Right: The Seventh Circuit Denies Post-Conviction Relief From An Undisputed Sentencing Error Because It Occurred In The Post- Booker, Advisory Guidelines Era, Gregory S. Dierdorf

Seventh Circuit Review

Federal courts disfavor granting collateral relief from final criminal judgments. This mentality is premised on a need for finality in the criminal process; the idea that, at some point, a criminal case must come to an end. Post-conviction relief is available, however, where an error in the trial court causes a miscarriage of justice that must be remedied to preserve the integrity of the criminal justice system.

For example, the Seventh Circuit has granted post-conviction relief where the sentencing court miscalculated the defendant's prison sentence by misapplying the career offender-sentencing enhancement under the then-binding Federal Sentencing Guidelines. However, the court …