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

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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.

 

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  3. All these sites putting up all the crap they do making Brent Look like A Monster like he's not a good person . First off th fight actually started not because of Brent but because of one of his friends then when the fight popped off his friend ran like a coward which left Brent to fend for himself .It IS NOT a crime to defend yourself 3 of them and 1 of him . just so happened he was a better fighter. I'm Brent s wife so I know him personally and up close . He's a very caring kind loving man . He's not abusive in any way . He is a loving father and really shouldn't be where he is not for self defense . Now because of one of his stupid friends trying to show off and turning out to be nothing but a coward and leaving Brent to be jumped by 3 men not only is Brent suffering but Me his wife , his kids abd step kidshis mom and brother his family is left to live without him abd suffering in more ways then one . that man was and still is my smile ....he's the one real thing I've ever had in my life .....f@#@ You Lafayette court system . Learn to do your jobs right he maybe should have gotten that year for misdemeanor battery but that s it . not one person can stand to me and tell me if u we're in a fight facing 3 men and u just by yourself u wouldn't fight back that you wouldn't do everything u could to walk away to ur family ur kids That's what Brent is guilty of trying to defend himself against 3 men he wanted to go home tohisfamily worse then they did he just happened to be a better fighter and he got the best of th others . what would you do ? Stand there lay there and be stomped and beaten or would u give it everything u got and fight back ? I'd of done the same only I'm so smallid of probably shot or stabbed or picked up something to use as a weapon . if it was me or them I'd do everything I could to make sure I was going to live that I would make it hone to see my kids and husband . I Love You Brent Anthony Forever & Always .....Soul 1 baby

  4. Good points, although this man did have a dog in the legal fight as that it was his mother on trial ... and he a dependent. As for parking spaces, handicap spots for pregnant women sure makes sense to me ... er, I mean pregnant men or women. (Please, I meant to include pregnant men the first time, not Room 101 again, please not Room 101 again. I love BB)

  5. I have no doubt that the ADA and related laws provide that many disabilities must be addressed. The question, however, is "by whom?" Many people get dealt bad cards by life. Some are deaf. Some are blind. Some are crippled. Why is it the business of the state to "collectivize" these problems and to force those who are NOT so afflicted to pay for those who are? The fact that this litigant was a mere spectator and not a party is chilling. What happens when somebody who speaks only East Bazurkistanish wants a translator so that he can "understand" the proceedings in a case in which he has NO interest? Do I and all other taxpayers have to cough up? It would seem so. ADA should be amended to provide a simple rule: "Your handicap, YOUR problem". This would apply particularly to handicapped parking spaces, where it seems that if the "handicap" is an ingrown toenail, the government comes rushing in to assist the poor downtrodden victim. I would grant wounded vets (IED victims come to mind in particular) a pass on this.. but others? Nope.

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