Spencer v. United States, No. 10-10676 (11th Cir. 2014)Annotate this Case
Defendant pleaded guilty to distributing cocaine and subsequently moved to vacate his sentence for an alleged error in the application of the advisory guidelines. Defendant argued that an intervening Supreme Court decision, Begay v. United States, makes clear that the district court and this court erroneously classified him as a career offender based on a prior conviction for felony child abuse. The court affirmed the denial of defendant's motion to vacate his sentence where he cannot collaterally attack his sentence based on a misapplication of the advisory guidelines. Defendant's sentence falls below the statutory maximum and his prior conviction for felony child abuse has not been vacated. Accordingly, defendant's sentence was and remains lawful.