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Home / Opinion Digests / Criminal Law / 4th Cir.: “Career offender” designation was error (access required)

4th Cir.: “Career offender” designation was error (access required)

After prevailing on a prior motion under 28 U.S.C. § 2255, the defendant was resentenced but improperly designated as a career offender. Because the incorrect designation led to application of the wrong version of the Guidelines Manual, resentencing is required. Background In 1992, Defendant Eddie Fluker was convicted in Virginia of drug and firearms offenses. He was ...