Perry v. U.S.

Dist. Ct. did not err in denying defendant’s habeas petition challenging his 8-year sentence on drug conspiracy charge, after finding that defendant qualified as career offender under sentencing guidelines based upon his prior convictions for attempted murder and attempted armed robbery, which Dist. Ct. viewed as “crimes of violence” under residual clause set forth in section 4B1.2 of USSG. While defendant argued that instant residual clause was unconstitutionally vague, instant residual clause survived similar vagueness challenge in Beckles, 137 S.Ct. 886 due to advisory nature of sentencing guidelines. Moreover, Ct. of Appeals rejected defendant’s argument that career offender guideline was effectively mandatory (and was thus subject to his vagueness challenge) at time of his sentencing.