Brown v. Caraway

Dist. Ct. erred in dismissing defendant’s section 2241 habeas petition challenging his 360-month sentence on drug and firearm charges after Delaware Dist. Ct. found that defendant qualified as career offender under section 4B1.1 of USSG based, in part, on his prior Delaware conviction for 3rd Degree Arson. Defendant could properly seek relief under section 2241 to challenge propriety of his sentence and could properly seek relief in instant case where he could not have challenged his career offender status in his prior section 2255 petition because it was foreclosed by binding legal precedent at time said petition had been filed. Moreover, under subsequent decision in Begay, 553 US 137, Delaware conviction was not crime of violence for purposes of section 4B1.1 since instant Delaware arson statute, which permitted conviction for reckless damage to building through intentional starting of fire, did not contemplate sort of purposeful conduct contemplated for crime of violence.