Duianete Moore v. United States

Petitioner pleaded guilty to Interference with Commerce by Threats or Violence, 18 U.S.C. Section 1951(a); Brandishing of a Firearm in Furtherance of a Crime of Violence, 18 U.S.C. Section 924(c)(1)(A)(ii); and Felon in Possession of a Firearm, 18 U.S.C. Section 922(g)(1). The PSR determined that Petitioner was a Career Offender pursuant to Section 4B1.1(c)(2)(A) of the Federal Sentencing Guidelines based on an assault, armed criminal action and attempted robbery conviction that occurred when Petitioner was 16 years old. The determination that Petitioner was a Career Offender significantly raised his advisory sentencing guidelines and Petitioner was ultimately sentenced to a term of 264 months’ imprisonment. The question presented is: Is a conviction committed 24 years ago, when Petitioner was 16 years old, a proper predicate offense for classification of Career Offender status pursuant to 4B1.1(c)(2)(A) of the Federal Sentencing Guidelines?