United States v. Beavers
1:16-cr-20677
E.D. Mich.Feb 28, 2022Background
- In Sept. 2017 Damarlin Beavers pleaded guilty to one count of conspiracy to possess with intent to distribute cocaine and heroin.
- At sentencing the court applied a career-offender enhancement under USSG §4B1.1 based on two Michigan delivery-of-narcotics convictions and one conspiracy conviction, producing a Guidelines range of 262–327 months; Beavers was sentenced to 292 months.
- In June 2021 Beavers filed a §2255 motion arguing Havis requires vacatur of his career-offender status because his Michigan delivery convictions are "attempt" crimes and thus not controlled substance offenses for Guidelines purposes.
- Magistrate Judge Morris recommended denying the §2255 motion, reasoning (1) Sixth Circuit precedent (United States v. Thomas) treats Michigan delivery convictions as controlled-substance offenses despite Havis, and (2) Havis-based challenges are not cognizable on collateral review.
- Beavers objected; the district court reviewed de novo, overruled the objections, adopted the R&R, denied the §2255 motion and an evidentiary hearing, and denied a certificate of appealability and IFP status on appeal.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether Michigan delivery convictions qualify as "controlled substance offenses" under USSG §4B1.1 | They qualify; Sixth Circuit precedent distinguishes Havis and treats Michigan delivery convictions as qualifying offenses | Havis indicates attempt crimes do not qualify, so his Michigan convictions are non-qualifying attempts | Court held they qualify (Thomas is binding); objection overruled |
| Whether a Havis-based challenge is cognizable on collateral review under §2255 | Havis claims are cognizable only on direct review, not collateral §2255 review | Beavers contended his sentence should be vacated under Havis via §2255 | Court held Havis claims are not cognizable on collateral review; objection overruled |
| Whether an evidentiary hearing is required | No hearing needed because the motion raises legal questions and no material factual disputes exist | Beavers asserted factual disputes that warrant a hearing | Court held no evidentiary hearing necessary; objection overruled |
Key Cases Cited
- United States v. Havis, 927 F.3d 387 (6th Cir.) (holding attempt crimes do not qualify as controlled substance offenses for career-offender analysis)
- United States v. Thomas, 969 F.3d 583 (6th Cir.) (Michigan delivery convictions qualify as controlled-substance offenses despite Havis)
- Bullard v. United States, 937 F.3d 654 (6th Cir.) (Havis-based classification claims are not cognizable on collateral review)
- Slack v. McDaniel, 529 U.S. 473 (2000) (standard for issuing a certificate of appealability)