ILNews

Man’s prior conviction doesn’t render him a career offender

Back to TopCommentsE-mailPrintBookmark and Share

The 7th Circuit Court of Appeals reversed the denial of a man’s habeas petition, finding his conviction of arson in the third degree in Delaware doesn’t qualify as a crime of violence under U.S.S.G. Section 4B.1. As such, his current sentence should be reduced to reflect he isn’t a career offender.

Royce Brown was convicted in Delaware of one count each of possession with intent to distribute cocaine and possession of a firearm by a felon in 1996 and classified as a career offender based in part on his prior arson conviction. Now incarcerated in Indiana, Brown filed a pro se habeas petition under 28 U.S.C. Section 2241 contending that under Begay v. United States, 553 U.S. 137 (2008), that conviction doesn’t qualify as a crime of violence under Section 4B1.1. The District Court dismissed the petition sua sponte because “the savings clause embodied in 2255(e) requires a claim of actual innocence directed to the underlying conviction, not merely the sentence.”

The 7th Circuit found that the District judge erred in concluding that challenges to a sentence are categorically barred under Section 2241. Brown is entitled to relief under that section because under Begay, his arson in the third degree conviction under Delaware law doesn’t qualify as “generic” arson under the enumerated crimes clause of the career offender guideline, nor is it covered by the residual clause, Judge Joel Flaum wrote in Royce Brown v. John F. Caraway, Warden, 12-1439.

The judges ruled that provided other (In re Davenport, 147 F.3d 605 (7th Cir. 1998)) conditions are present, a petitioner may utilize the savings clause to challenge the misapplication of the career offender guideline, at least where the defendant was sentenced in the pre-Booker era (543 U.S. 220 (2005)).

The judges sent the case back to the District Court to reduce Brown’s 360-month sentence.

Chief Judge Frank Easterbrook, who did not sit on the panel deciding this case, wrote separately that the 7th Circuit’s holding that combines Davenport with Navarez v. United States, 674 F.3d 621 (7th Cir. 2011), “puts us in conflict with at least two circuits, as the panel acknowledges, with no other circuit on our side” in that the savings clause of Section 2255(e) doesn’t permit a prisoner to bring in Section 2241 petition a guidelines miscalculation claim that is barred from being presented in a Section 2255 motion.

“Notwithstanding what I have said, Davenport and Narvaez enjoy support in this circuit. I appear to be the only judge who doubts their soundness. It would therefore be pointless to sit en banc. Resolution of the conflict belongs to Congress or the Supreme Court. That is why I did not call for a hearing en banc following the panel’s circulation under Circuit Rule 40(e),” he wrote.

 

ADVERTISEMENT

Post a comment to this story

COMMENTS POLICY
We reserve the right to remove any post that we feel is obscene, profane, vulgar, racist, sexually explicit, abusive, or hateful.
 
You are legally responsible for what you post and your anonymity is not guaranteed.
 
Posts that insult, defame, threaten, harass or abuse other readers or people mentioned in Indiana Lawyer editorial content are also subject to removal. Please respect the privacy of individuals and refrain from posting personal information.
 
No solicitations, spamming or advertisements are allowed. Readers may post links to other informational websites that are relevant to the topic at hand, but please do not link to objectionable material.
 
We may remove messages that are unrelated to the topic, encourage illegal activity, use all capital letters or are unreadable.
 

Messages that are flagged by readers as objectionable will be reviewed and may or may not be removed. Please do not flag a post simply because you disagree with it.

Sponsored by
2015 Distinguished Barrister &
Up and Coming Lawyer Reception

Tuesday, May 5, 2015 • 4:30 - 7:00 pm
Learn More


ADVERTISEMENT
Subscribe to Indiana Lawyer
  1. why is the State trying to play GOD? Automatic sealing of a record is immoral. People should have the right to decide how to handle a record. the state is playing GOD. I have searched for decades, then you want me to pay someone a huge price to contact my son. THIS is extortion and gestapo control. OPEN THE RECORDS NOW. OPEN THE RECORDS NOW. OPEN THE RECORDS NOW.

  2. I haven't made some of the best choices in the last two years I have been to marion county jail 1 and two on three different occasions each time of release dates I've spent 48 to 72 hours after date of release losing a job being denied my freedom after ordered please help

  3. Out here in Kansas, where I now work as a government attorney, we are nearing the end of a process that could have relevance in this matter: "Senate Bill 45 would allow any adult otherwise able to possess a handgun under state and federal laws to carry that gun concealed as a matter of course without a permit. This move, commonly called constitutional carry, would elevate the state to the same club that Vermont, Arizona, Alaska and Wyoming have joined in the past generation." More reading here: http://www.guns.com/2015/03/18/kansas-house-panel-goes-all-in-on-constitutional-carry-measure/ Time to man up, Hoosiers. (And I do not mean that in a sexist way.)

  4. This is why it is important to consider Long term care insurance. For you and for your loved ones

  5. I am terrified to see Fracking going on not only in Indiana but in Knox county. Water is the most important resource we have any where. It will be the new gold, and we can't live without it and we can live without gold. How ignorant are people?

ADVERTISEMENT