Narvaez v. United States, No. 09-2919 (7th Cir. 2011)
Annotate this CaseThe defendant entered a plea of guilty to bank robbery charges in 2003 and was sentenced to 170 months as a career criminal because of two prior escape convictions under Wisconsin law involving failure to return to custody. The district court denied a motion to vacate the sentence, holding that decisions by the Supreme Court in 2008 and 2009 did not apply retroactively to a petition for collateral relief. The Seventh Circuit reversed, holding that sentencing as a career criminal was improper and violated the defendant's due process rights. The predicate offenses did not constitute crimes of violence and the designation deprived the defendant of a protected liberty interest. The Supreme Court decisions were not just a change in the law, but addressed the fundamental legality of the sentence.
The court issued a subsequent related opinion or order on December 6, 2011.
The court issued a subsequent related opinion or order on December 21, 2011.
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