U.S. v. Coleman

Federal 7th Circuit Court
Criminal Court
Sentencing
Citation
Case Number: 
Nos. 12-2621 & 12-2762 Cons.
Decision Date: 
August 14, 2014
Federal District: 
W.D. Wisc.
Holding: 
Reversed and remanded
Dist. Ct. erred in granting defendant’s motion under 28 USC section 2255 that challenged his sentence that was based in part on finding that defendant was career offender that in turn was based in part on prior conviction for sexual assault. While defendant’s sexual assault conviction could not have formed basis for defendant’s career offender status, and thus he should not have been sentenced using career offender designation, defendant could not seek relief under section 2255 to correct his sentence as set forth in Hawkins, 706 F.3d 820. Fact that defendant could have received lower sentence absent career offender designation did not require contrary result.