U.S. v. Womack

Dist. Ct. did not err in finding that defendant qualified for career offender enhancement when sentencing defendant on drug distribution charge based in part on defendant's 1994 controlled substance conviction and his 2005 aggravated fleeing conviction. Ct. rejected defendant's argument that 1994 conviction was too old to qualify for career offender treatment, after finding that: (1) 1994 offense was committed within 15 years of commencement of instant drug distribution charge; and (2) defendant was sentenced to 5 years for 1994 offense. Fact that defendant only spent 121 days of incarceration on 1994 offense pursuant to his participation in Illinois Impact Incarceration program did not disqualify said offense for career offender treatment. Remand was required, though, under Corner, 598 F.3d 411, where Dist. Ct. improperly stated that it could not consider sentencing guideline disparity between crack and powder cocaine because defendant's guideline range was based on his career offender status.