U.S. v. McGuire

Defendant was entitled to new sentencing hearing on charge of interfering with commerce by threat of violence, where Dist. Ct. based instant 188-month sentence on finding that defendant was career-offender under section 4B1.1(a) of USSG, after finding that defendant qualified for said treatment based, in part, on his prior fleeing police officer conviction that qualified as “crime of violence” under guidelines’ residual clause. Ct. agreed with defendant that he could not treated as career offender, where: (1) under Johnson, 135 S.Ct. 2551, instant residual clause was unconstitutionally vague; and (2) defendant was prejudiced, since he was sentenced under incorrect career-offender guideline range that was far above correct guideline range.