United States v. Winter, No. 11-3527 (7th Cir. 2012)
Annotate this CaseWinters pled guilty to conspiracy to possess with the intent to distribute large quantities of drugs. The plea agreement provided that the government would recommend a base offense level of 32. But at sentencing the government concurred in the Presentence Investigation Report’s conclusion that Winters was a career offender, which raised Winters’s offense level to 37. The district court set Winters’s offense level at 37, and sentenced him to 165 months’ imprisonment, well below the recommended Guidelines. The Seventh Circuit affirmed, rejecting an argument that the government violated the plea agreement. The Supreme Court’s decision in Sykes v. United States, 131 S.Ct. 2267 (2011), overrode that recommendation. The case, decided while Winters’s sentencing was pending, held that felony vehicle flight was a crime of violence for purposes of the career offender provisions.
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