United States v. Damien Riley, 2017 U.S. App. LEXIS 8225

Riley convicted of four counts of possession with intent to distribute; PSR designated him a career offender under U.S.S.G. § 4B1.1 based on two prior Maryland felonies: robbery with a dangerous weapon and distribution of a controlled substance.
The career-offender designation raised his guideline range from 21–27 months to 210–262 months; the district court adopted the PSR and sentenced Riley to 210 months.
Riley did not object to the career-offender classification at sentencing and counsel conceded the designation, instead seeking a downward departure/variance for over-representative criminal history.
On appeal Riley argued that Maryland robbery with a dangerous weapon is not a "crime of violence" and thus could not serve as a predicate for the career-offender enhancement.
The Guidelines’ definition of "crime of violence" in effect at sentencing included a force clause, an enumerated clause, and a residual clause; the residual clause was later challenged in Johnson but remained valid for the Guidelines after Beckles.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Whether Maryland robbery with a dangerous weapon is a "crime of violence" under U.S.S.G. § 4B1.2	Riley: Maryland robbery with a dangerous weapon does not qualify as a predicate "crime of violence."	Gov: Maryland robbery (including with a dangerous weapon) falls within the residual clause and commentary examples and thus is a crime of violence.	The Fourth Circuit held it is a crime of violence under the guideline’s residual clause; career-offender designation affirmed.

United States v. Carthorne, 726 F.3d 503 (4th Cir.) (standard of review on categorical classification)
United States v. Smith, 395 F.3d 516 (4th Cir.) (may affirm on any grounds apparent from the record)
Johnson v. United States, 135 S. Ct. 2551 (Sup. Ct.) (invalidated ACCA residual clause as unconstitutionally vague)
Beckles v. United States, 137 S. Ct. 886 (Sup. Ct.) (Guidelines not subject to vagueness challenge; § 4B1.2(a)(2) residual clause not void for vagueness)
United States v. Jarmon, 596 F.3d 228 (4th Cir.) (less-violent larceny-from-person held a crime of violence under the Guidelines’ residual clause)
United States v. Mobley, 687 F.3d 625 (4th Cir.) (§ 4B1.2 commentary provides example crimes for residual-clause analysis)
United States v. Peterson, 629 F.3d 432 (4th Cir.) (commentary adds example crimes to § 4B1.2)
Conyers v. State, 693 A.2d 781 (Md. 1997) (Maryland’s common-law definition of robbery; weapon aggravates penalty)
United States v. Carmichael, [citation="408 F. App'x 769"] (4th Cir.) (North Carolina simple robbery held a violent felony under ACCA)