The Holding That Career Offenders Should Be Waiting for: Beckles v. United States
Stephen A. Ortiz*
Defendants who are classified as career offenders and found guilty of a crime typically receive an enhanced sentence. U.S. Sentencing Commission, Guidelines Manual, § 4B1.1 (Nov. 1, 2015), http://www.ussc.gov/sites/default/files/pdf/guidelines-manual/2015/GLMFull.pdf. The United States Sentencing Guidelines (USSG) state:
A defendant is a career offender if (1) the defendant was at least eighteen years old at the time the defendant committed the instant offence of conviction; (2) the instant offense of conviction is a felony that is either a crime of violence or a controlled substance offence; and (3) the defendant has at least two prior felony convictions of either a crime of violence or a controlled substance offense. Id. § 4B1.1(a).
Under this definition, the term “crime of violence” has been argued to be vague and therefore unconstitutional. Beckles v. United States, 616 F. App’x 415 (11th Cir. 2015), cert. granted, 136 S. Ct. 2510 (2016). After agreeing to hear a case that brings this issue to the forefront, the United States Supreme Court must now decide whether the term “crime of violence” is unconstitutionally vague. Kevin Daley, This Is One Of The Biggest Pending SCOTUS Cases You Haven’t Heard Of, Daily Caller (Aug. 23, 2016, 9:43 PM), http://dailycaller.com/2016/08/23/this-is-one-of-the-biggest-pending-scotus-case-you-havent-heard-of/.
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