Searching over 5,500,000 cases.


searching
Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.

Shipman v. United States

United States Court of Appeals, Seventh Circuit

June 5, 2019

Tracy D. Shipman, Petitioner-Appellant,
v.
United States of America, Respondent-Appellee.

          Argued February 22, 2019

          Appeal from the United States District Court for the Northern District of Illinois, Western Division. No. 16 C 50016 - Philip G. Reinhard, Judge.

          Before Ripple, Manion, and Brennan, Circuit Judges.

          BRENNAN, CIRCUIT JUDGE.

         Tracy Shipman appeals the district court's denial of his petition for collateral postconviction relief under 28 U.S.C. § 2255. When Shipman pleaded guilty to drug charges in 2003, the district court sentenced him under the then-mandatory Sentencing Guidelines. Because Ship-man had three prior "crime of violence" felony convictions, the district court sentenced him as a "career offender." U.S.S.G. § 4B1.1 (2002).[1] The career-offender provision of the Guidelines defined a "crime of violence" in U.S.S.G. § 4B1.2(a)(1)-(2). Two passages in that guideline are at issue here: the enumerated-offenses clause, and the residual clause.

         On appeal, Shipman argues the Guidelines' residual clause is unconstitutionally vague. We agree, a conclusion that follows directly from our decision in Cross v. United States, 892 F.3d 288 (7th Cir. 2018). Indeed, Cross abrogated the rationale supporting the district court's dismissal of Shipman's petition for collateral relief. With that issue resolved, the case hits a snag: the record does not conclusively show whether Shipman was sentenced under the residual clause or the enumerated-offenses clause. We therefore remand this case for further proceedings on the merits of Ship-man's § 2255 petition.

         I. Background

         Because Cross was decided nearly seven months after the district court issued its dismissal order, we summarize the facts and proceedings in this case only to the extent necessary to address the issues presented on appeal.[2]

         Shipman pleaded guilty in 2003 to conspiring to manufacture and distribute methamphetamine in violation of 21 U.S.C. § 846 (2000). His presentence report used the 2002 Sentencing Guidelines Manual, which at that time required district courts to increase the offense level of a "career offender." U.S.S.G. § 4B1.1. A defendant qualifies as a career offender if: (1) the defendant was at least 18 at the time of the instant offense of conviction; (2) the offense of conviction is a "crime of violence or controlled substance offense"; and (3) the defendant has "at least two prior felony convictions of either a crime of violence or a controlled substance offense." § 4B1.1.

         When Shipman was sentenced in 2003, the Guidelines' career-offender provisions defined a "crime of violence" (in relevant part) as:

[A]ny offense under federal or state law, punishable by imprisonment for a term exceeding one year, that-
(2) is burglary of a dwelling, arson, or extortion, involves use of explosives, or otherwise involves conduct that presents a serious potential risk of physical injury to another.

U.S.S.G. § 4B1.2(a)(2) (emphasis added). Subsection (2) contains both the "enumerated-offenses clause" (non-italicized text) and the "residual clause" (italicized text).

         The probation officer calculated a Guidelines sentencing range of 262 to 327 months' imprisonment, based in part on Shipman's designation as a career offender. Shipman's age (35 years) and this drug charge supplied the first and second predicates for the career-offender designation. His three prior Arkansas convictions for "residential burglary" in 1986 and 1987 satisfied the third predicate. Shipman did not object to the report's career-offender designation or suggested sentencing enhancement. The district court adopted the presentence report's findings and calculations, classified Shipman as a career offender, and sentenced him to 262 months' imprisonment. ...


Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.