United States v. Cristofer Tichenor, 2012 U.S. App. LEXIS 11928

Tichenor robbed a Cicero, Indiana bank at gunpoint, fleeing with $52,900 and leaving behind incriminating items.
He was charged with bank robbery under 18 U.S.C. § 2113 and discharging a firearm during a crime of violence under § 924(c).
Tichenor pleaded guilty under a plea agreement preserving the right to appeal specific issues, including the career offender guideline under § 4B1.1.
At sentencing, Probation recommended career offender treatment based on prior Indiana convictions for hash-oil dealing and resisting law enforcement; Tichenor objected to resisting-law-enforcement as a crime of violence.
The district court applied the career offender enhancement after a withdrawal of objections tied to a Sykes v. United States ruling, leading to an adjusted offense level and an overall sentence of 300 months; the court then varied downward from the career-offender range.
On appeal, the Seventh Circuit addresses waiver/forfeiture issues, vagueness challenges to the guideline, and the Commission’s authority to define crime of violence.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Whether Tichenor waived his objections to the career offender guideline.	Government argues waiver; Tichenor's withdrawal broad.	Tichenor withdrew objections under advisement; ambiguity.	Forfeiture/plain-error review; government waived waiver argument; issues reviewed for plain error.
Whether the career offender guideline is unconstitutionally vague.	Guideline vagueness challenges are viable despite advisory status.	Guidelines are not susceptible to vagueness challenges; advisory post-Booker.	Guidelines are not void for vagueness; upholding against vagueness challenge.
Whether the Sentencing Commission exceeded its authority in defining crime of violence.	Definition departure from Congress’s benchmark; Commission overstepped.	Commission has broad authority to define crime of violence for career offenders.	Commission acted within its authority; current definition permissible.

United States v. Brierton, 165 F.3d 1133 (7th Cir. 1999) (Guidelines not subject to vagueness challenges; advisory after Booker)
United States v. Idowu, 520 F.3d 790 (7th Cir. 2008) (Vagueness doctrine does not apply to guidelines; reaffirmed Brierton)
United States v. Rutherford, 54 F.3d 370 (7th Cir. 1995) (Authority of the Sentencing Commission to define crime of violence)
Sykes v. United States, 131 S. Ct. 2267 (2011) (Affirmed that resisting law enforcement by vehicular flight can be a violent felony for § 924(e))
United States v. Booker, 543 U.S. 220 (2005) (Guidelines advisory, not mandatory; broad discretion post-Booker)