Raphael L. Donnell was convicted of conspiring to distribute ecstasy. His career offender sentence enhancement was upheld on appeal to the Eighth Circuit, but while the appeal was pending, King v. United States was decided by the same circuit court. King would have nixed the sentence enhancement, but his attorney didn't notice the opinion because it was handed down after briefing in Donnell's case, but before his sentence was affirmed.
King holds that when two concurrent and equal sentences are handed down, and one of them doesn't qualify for criminal history points, there's no way to determine whether either can qualify as a predicate for career offender status. In these rare instances, the benefit of the doubt lands in the defendant's favor thanks to the Rule of Lenity. King is now on shaky ground, rejected by the neighboring Sixth Circuit, and treated to a multi-page dicta rant here.
Is King dead? And was Donnell's counsel ineffective for not reading our blog and studying every opinion that came out of the Eighth Circuit while his client's case was pending?