Career offender sentence reversed

U.S. v. Brooks, 2014 WL 2443032 (10th Cir. 6/2/14) (Kan.) (Published) - Mr. Brooks was erroneously sentenced as a career offender. In U.S. v. Hill, 539 F.3d 1213 (10th Cir. 2008), the Court held that the calculation of the maximum term of imprisonment prescribed by law included the most severe recidivist increase possible. That holding was abrogated by the Supreme Court in Carachuri-Rosendo v. Holder, 560 U.S. 563 (2010), which held that a recidivist increase can only apply to the extent a particular defendant was found to be a recidivist. The maximum sentence Mr. Brooks could have received for his prior conviction of eluding a police officer was seven months' imprisonment. Because he could not have received a year in prison, the prior offense was not a felony under USSG § 4B1.1(a).