United States v. Rife, 3:12-cr-00017

Petitioner Jason Rife pled guilty to possession with intent to distribute heroin in federal court and was sentenced as a career offender under USSG § 4B1.2 based on four prior felony convictions for offenses characterized as "crimes of violence."
The prior offenses used for the career-offender designation were resisting law enforcement, battery resulting in serious bodily injury, battery of a minor, and domestic battery.
Rife filed a § 2255 motion challenging his career-offender status after the Supreme Court's decision in Johnson v. United States, which held similar "residual clause" language in the Armed Career Criminal Act to be unconstitutionally vague.
The district court initially denied relief on the ground that Rife’s plea agreement contained an appeal waiver that barred his collateral attack, consistent with Seventh Circuit precedent and the Keller exceptions to enforcement of waivers.
The sole question addressed in this order is whether a certificate of appealability (COA) should issue under 28 U.S.C. § 2253(c)(2) so Rife may appeal whether his appeal waiver bars a Johnson-based challenge to his career-offender designation.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Whether Rife’s appeal waiver bars a Johnson-based collateral attack on career-offender designation	Waiver cannot bar a claim premised on Johnson because Johnson invalidated the underlying Guidelines provision after his plea and sentencing; a defendant cannot knowingly waive unknown rights	Waiver is valid and bars collateral challenges; Rife’s waiver was informed and falls within Keller exceptions	COA granted on whether the appeal waiver bars a Johnson challenge (issue is debatable among reasonable jurists)
Whether existing Seventh Circuit precedent forecloses relief despite Johnson	Rife argues post-Johnson developments may allow reconsideration of waiver enforcement	Govt relies on Seventh Circuit cases enforcing waivers (e.g., Keller, Bownes)	District court found Rife’s collateral attack failed under existing precedent but recognized room for disagreement on appellate review

Keller v. United States, 657 F.3d 675 (7th Cir. 2011) (lists exceptions to enforcement of appeal waivers)
United States v. Bownes, 405 F.3d 634 (7th Cir. 2005) (enforced appeal waiver for within-guidelines sentence)
Booker v. United States, 543 U.S. 220 (2005) (sentencing guidelines advisory after Sixth Amendment ruling)
Johnson v. United States, 135 S. Ct. 2551 (2015) (invalidated residual clause as unconstitutionally vague)
United States v. McBride, 826 F.3d 293 (6th Cir. 2016) (held a defendant could not waive a claim based on Johnson decided after sentencing)