Dist. Ct. did not err in denying defendant’s section 2241 petition, alleging that sentencing court had mischaracterized him as career offender and imposed 35-year sentence on drug and firearms offenses, and that said error had resulted in his inability to pursue reduced sentence under 18 USC section 3582(c)(2). While defendant correctly asserted that he should not have been classified as career offender, where case law generated after his sentencing date established that one of his predicate convictions was not violent felony, said career offender finding did not result in Guideline range that was miscalculated at time of his sentence. Moreover, ineligibility for discretionary relief under section 3583(c)(2), by itself, is insufficient to establish miscarriage of justice for purposes of obtaining relief under section 2241 petition.
Federal 7th Circuit Court
Criminal Court
Sentencing