Millis v. Segal

Dist. Ct. did not err in denying defendant’s section 2241 petition that challenged his 410-month sentence on 1994 robbery and firearm charges, where said sentence was based, in part, on finding that defendant’s prior convictions qualified him for enhanced sentence as career offender under then-mandatory Sentencing Guidelines. Record showed that defendant had unsuccessfully challenged his sentence in his direct appeal and his initial section 2255 petition. Moreover, while defendant argued that he could use section 2241 to raise instant challenge based on recent decision in Burris, 912 F.3d 386, which found that one of defendant’s prior convictions was not crime of violence for purposes of qualifying as predicate offense for career offender treatment, Dist. Ct. could properly find that defendant did not establish that he suffered miscarriage of justice arising out of instant career offender designation for purposes of obtaining relief under section 2241, since: (1) his current 110-month sentence on his non-section 924(c) firearm offenses fell at bottom of guideline range for non-career offender sentence; and (2) defendant’s 300-month sentence for his firearm offenses would be same with or without career offender designation.