United States v. Sheppard
1:11-cr-00259
D. MarylandSep 28, 2017Background
- Craig Shepperd pleaded guilty under Rule 11(c)(1)(C) to threatening to murder a federal officer; the plea agreed to a 96-month sentence.
- At sentencing Judge Quarles designated Shepperd a Career Offender under U.S.S.G. § 4B1.1 based on two prior Maryland second-degree assault convictions and a drug conviction; Guidelines offense level raised from 16 to 21.
- Shepperd was sentenced to 96 months (top of the Guidelines) to run concurrent with a state sentence.
- The Federal Public Defender filed § 2255 motions arguing, citing Descamps and Johnson, that Shepperd’s prior convictions and the instant offense are not crimes of violence, so the Career Offender designation was erroneous.
- The government did not respond; the court considered whether Beckles (holding the advisory Guidelines are not subject to vagueness challenges) forecloses Shepperd’s claim and denied the § 2255 motions.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether Shepperd’s Guideline Career-Offender designation under U.S.S.G. § 4B1.1 is invalid because his prior second-degree assault convictions and the instant offense are not "crimes of violence." | Shepperd: Descamps and Johnson undermine the residual/analogous crime analysis; his priors do not qualify as crimes of violence. | Government: Beckles establishes that the advisory Guidelines (including § 4B1.2(a) residual clause) are not subject to vagueness challenges; a collateral attack on a mistaken career-offender designation is generally not cognizable. | Denied — Beckles forecloses the vagueness challenge to the advisory Guidelines; collateral relief on this basis is unavailable. |
Key Cases Cited
- Descamps v. United States, 133 S. Ct. 2276 (interpretation of conviction-elements approach for predicate offenses)
- Johnson v. United States, 135 S. Ct. 2551 (invalidated ACCA residual clause as unconstitutionally vague)
- Beckles v. United States, 137 S. Ct. 886 (advisory Sentencing Guidelines are not subject to vagueness challenges)
- United States v. Newbold, 791 F.3d 455 (4th Cir.) (mistaken career-offender designation is not cognizable on collateral review)