Narvaez v. United States
2011 U.S. App. LEXIS 11203
| 7th Cir. | 2011Background
- Narvaez pleaded guilty in 2003 to bank robbery and was sentenced as a career offender under § 4B1.1 due to two Wisconsin escape convictions
- The escape convictions involved failure to return to confinement under Wis. Stat. § 946.42(3)(a) and raised the career offender calculation
- Sentencing increased from 100-125 months to 151-188 months; Narvaez received 170 months, near the guideline midpoint
- Begay (2008) and Chambers (2009) held that certain crimes do not qualify as violent felonies under ACCA, prompting questions about § 4B1.1
- Narvaez filed a § 2255 motion in 2009 arguing Begay and Chambers apply retroactively and invalidate the career offender designation
- District court denied the motion but issued a certificate of appealability; the Seventh Circuit granted relief on appeal
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Retroactivity of Begay and Chambers | Narvaez seeks relief because Begay/Chambers apply retroactively to collar review | Government argues Begay/Chambers are retroactive and should change outcome on collateral review | Begay and Chambers apply retroactively; Narvaez entitled to relief |
| Impact of retroactive decisions on sentence | Career offender designation was based on now-invalid violence definition, causing wrongful punishment | Sentence within statutory max; retroactive changes do not automatically mandate resentencing | Due process requires resentencing without career offender enhancement |
| Certificate of appealability | COA should issue because the claim affects constitutional rights and viable under new law | COA standards not met; arguments insufficiently substantial | COA satisfied; substantive due process claim warrants review |
Key Cases Cited
- Begay v. United States, 553 U.S. 137 (2008) (defines violent felony for ACCA; narrow, specific conduct required)
- Chambers v. United States, 555 U.S. 122 (2009) (limits passive offenses like failure to report; not a violent felony under ACCA)
- Templeton v. United States, 543 F.3d 378 (2008) (recognizes ACCA text and § 4B1.2 identical; interchangeable definitions of violence)
- Welch v. United States, 604 F.3d 408 (2010) (retroactivity of Begay/Chambers on collateral review)
- In re Davenport, 147 F.3d 605 (1998) (majesty of fundamental legality; relief when sentence for non-crime)
- Davis v. United States, 417 U.S. 333 (1974) (complete miscarriage of justice when convicted for act law later deemed non-criminal)
- Hicks v. Oklahoma, 447 U.S. 343 (1980) (due process concerns at sentencing when discretion is improperly constrained)
- United States v. Woods, 576 F.3d 400 (2009) (recognizes interchangeable text between ACCA and § 4B1.2 definitions of violence)