Narvaez v. United States
2011 U.S. App. LEXIS 24438
| 7th Cir. | 2011Background
- Narvaez pleaded guilty in 2003 to bank robbery under 18 U.S.C. § 2113(a).
- Sentenced as a career offender under U.S.S.G. § 4B1.1 based on two Wisconsin escape convictions for failing to return to confinement.
- Sentence increased from 100–125 months to 151–188 months; actual sentence was 170 months.
- Narvaez moved under 28 U.S.C. § 2255(a) arguing Begay and Chambers made his status illegal; district court denied relief.
- Government conceded Begay and Chambers apply retroactively on collateral review; district court granted a certificate of appealability.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether Begay and Chambers apply retroactively to § 2255 review | Narvaez argues retroactive application makes him ineligible for career offender | Narvaez contends retroactivity should apply as Begay/Chambers are substantive | Yes; Begay and Chambers apply retroactively |
| Whether Narvaez's § 2255 motion was timely | Timing under § 2255(f)(3) satisfied by Begay/Chambers release | Timeliness not disputed | Timely under § 2255(f)(3) |
| Whether the career offender designation created a miscarriage of justice | Designation was improper after Begay/Chambers; sentence excessive | Career offender status valid under prior law; not miscarriage | There was a miscarriage of justice; relief granted and remand for resentencing without career offender status |
| Whether § 2255 relief is available for a non-jurisdictional, non-constitutional error due to post-conviction law change | Error constitutes miscarriage of justice under Davis/ Welch line of authority | Error is not a miscarriage of justice; mitigated by statutory maximum | Rule: miscarriage of justice relief available; Narvaez entitled to § 2255 relief on this basis |
Key Cases Cited
- Begay v. United States, 553 U.S. 137 (2008) (defines violent felony for ACCA; notes substantive retroactivity on collateral review)
- Chambers v. United States, 555 U.S. 122 (2009) (passive failure-to-report offense not a crime of violence; substantive retroactivity on collateral review)
- Welch v. United States, 604 F.3d 408 (7th Cir. 2010) (substantive retroactivity; applying Begay/Chambers to collateral review)
- Davis v. United States, 417 U.S. 333 (1974) (post-conviction change in law rendering conviction unlawful; miscarriage of justice)
- In re Davenport, 147 F.3d 605 (7th Cir. 1998) (relief when defendant is imprisoned for a nonexistent crime under post-conviction law)
- Templeton, 543 F.3d 378 (7th Cir. 2008) (text of crimes-of-violence guidance treated as interchangeable with ACCA language)
- Hicks v. Oklahoma, 447 U.S. 343 (1980) (due process concerns at sentencing for certain aspects of punishment)