U.S. v. Lomax

Dist. Ct. did not err in re-sentencing defendant to 300-month term of incarceration on drug distribution and firearm charges, where said sentence was based in part on finding that defendant qualified for career offender treatment under section 4B1.2 of USSG, based in part on his prior Indiana attempted murder conviction. While defendant argued that his attempted murder conviction did not qualify as crime of violence for purposes of career offender treatment, Dist. Ct. could properly have found that: (1) crime of murder is listed crime of violence under section 4B1.2(a); and (2) Application Note 1 of said Guideline instructs that attempting to commit listed offense should also be considered as crime of violence under section 4B1.2(a)(2) of USSG. Defendant also forfeited any argument in his habeas petition that his trial counsel was ineffective during pre-trial proceedings, where defendant had failed to raise said precise issue with Dist. Ct.