Eighth Circuit: United States v. Stacy Lyman

 

As the petitioner was sufficiently represented by counsel during the earlier criminal proceedings that resulted in the predicate convictions, claiming that the charging documents allege a mental state different from that of the offense charged is an impermissible collateral attack from a second forum.

Court did not plainly err in holding that no mental state was required for the predicate serious drug offenses under the statute.


 United States  v.  Stacy Lyman