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Criminal Law: Sentencing-Domestic Assault-“Actual Innocence”
Staff Report//May 8, 2020//
Listen to this articleWhere a defendant challenged the denial of his motion to vacate his sentence for the crime of domestic assault by a habitual offender in Indian country, the conviction for simple assault was for an offense that if under federal jurisdiction would qualify as an assault against an intimate partner, so the defendant could not show actual innocence of the offense to which he pleaded guilty, and his challenge to the sentence was procedurally defaulted.
Judgment is affirmed.
Silk v. U.S. (MLW No. 74814/Case No. 18-1908 – 6 pages) (U.S. Court of Appeals, 8th Circuit, Colloton, J.) Appealed from U.S. District Court, District of North Dakota, Hovland, J. (Christopher P. Bellmore, Bismarck, North Dakota, argued for appellant) (Gary Lee Delorme, Bismarck, North Dakota, argued for appellee).
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