Sun Bear v. United States, No. 09-2992 (8th Cir. 2011)
Annotate this CaseDefendant pleaded guilty to the second degree murder of his uncle in Indian country and defendant was sentenced as a career offender to 360 months imprisonment. Defendant filed a 28 U.S.C. 2255 motion to vacate his sentence, alleging that he should not have been sentenced as a career offender because his three prior felonies were not crimes of violence. The court held that defendant's collateral attack on an application of the career offender guidelines provisions was not cognizable under section 2255 and that the miscarriage of justice exception was inapplicable to defendant's claim where defendant's sentence was not unlawful. Therefore, the court held that defendant was properly sentenced as a career offender because, although the attempted escape offense was not proven to be a felony, the felony convictions for attempted auto theft and attempted burglary constituted two crimes of violence warranting the career offender enhancement. Accordingly, the sentence was affirmed.
Court Description: Prisoner case - Habeas. Sun Bear's collateral attack on an application of the career offender guidelines provision is not cognizable under Section 2255; miscarriage-of-justice exception does not apply because Sun Bear's sentence was lawful when imposed and could lawfully be reimposed under an advisory guidelines analysis even if the sentencing court were persuaded to determine a lower advisory guidelines range. Judge Melloy, dissenting, joined by Judges Murphy, Bye, Smith and Shepherd.
This opinion or order relates to an opinion or order originally issued on July 20, 2010.
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