Home / Opinion / 09-2919 Narvaez v. U.S.

09-2919 Narvaez v. U.S.

Sentencing Career offender enhancement; retroactivity A defendant unlawfully sentenced as a career offender can collaterally attack the sentence. “The fact that Mr. Narvaez’s sentence falls below the applicable statutory-maximum sentence is not alone determinative of whether a miscarriage of justice has occurred. The sentencing court’s misapplication of the then-mandatory § 4B1.1 enhancement in Mr. Narvaez’s case was central ...

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