Career Offender Does Not Violate Double Jeopardy

U.S. v. Andrews, -- F.3d --, 2006 WL 1217261 (10th Cir. 5/8/06) - the § 4B1.1 career offender enhancement does not violate double jeopardy. Mr. Andrews' bank robbery sentence is reversed, however, for non-constitutional Booker error. Mr. Andrews had previously been resentenced after a successful gov't appeal of a downward departure for aberrant behavior and community ties and on remand, the district court applied the GLs as mandatory. Because the district court indicated it would have liked to impose a significantly shorter sentence, the miscarriage of justice standard is met.