U.S. v. Rollins

Dist. Ct. erred in sentencing defendant to below-guideline, 87-month sentence on drug distribution charges based in part on finding that defendant was career offender under section 4B1.1(a) of USSG, which, in turn, was based in part on defendant’s prior Wisconsin conviction on charge of possession of sawed-off shotgun that is listed as “crime of violence” in application note 1 to section 4B1.2. Wisconsin statute qualifies as crime of violence, if at all, under “residual clause” of section 4B1.2(a), and Ct. of Appeals found that residual clause in section 4B1.2(a)(2) is invalid based on recent holding in Johnson, 135 S.Ct. 2551, where similar residual clause of Armed Career Criminal Act was found to be unconstitutionally vague. Ct., in overruling Raupp, 677 F.3d 756, further concluded that application note’s list of qualifying crimes is inoperable and could not be used as basis for applying career-offender enhancement. Also, defendant established prejudice that required that he receive new sentencing hearing, even though his sentence was below correctly calculated range once career-offender error had been removed. (Dissent filed.)