Hawkins v. U.S.

Dist. Ct. did not err in denying defendant’s habeas petition challenging his 151-month sentence on assault with weapon charge where said sentence was based on defendant’s status as career offender, and where defendant’s career offender status was based on two prior “walkaway” escape convictions that courts subsequently determined were not violent felonies within meaning of Armed Career Criminal Act. Record showed that defendant’s maximum sentence was 240-month term of incarceration, and although Dist. Ct.’s erroneous finding that defendant qualified for armed career status was correctible on direct appeal, said error was not correctible in post conviction petition where, as here, instant error involved calculation of sentence under mere advisory sentencing guideline, and where Dist. Ct. also found that defendant’s sentence was reasonable even without application of career offender enhancement. (Dissent filed.)