Who Is a Federal Career Offender?
Under federal law, the designation of a "career offender" carries significant consequences. It is applied to individuals who commit a crime of violence or a controlled substance offense after two prior felony convictions for those crimes. These consequences are not to be taken lightly, as they include stricter sentencing guidelines and limited eligibility for certain programs and benefits.
A federal career offender must be at least 18 at the time of the offense, must be convicted of a felony drug crime or a felony crime of violence, and must have two prior felony convictions, also for crimes of violence or drug offenses.
Federal Sentencing Guidelines assign career offenders to a Criminal History Category VI and offense levels at or near the statutory maximum penalty for the offense of conviction. Career offenders may not be eligible for certain programs, like halfway house placement or home confinement.
The definition of "crime of violence" can be complex and has been subject to legal interpretation. Prior convictions that are too old may not be considered when determining career offender status.
The First Step Act, a significant legal development, enables certain prisoners to petition for an individualized review of their cases, offering a potential path to reconsideration. The Federal First Offenders Act allows judges to impose probation instead of incarceration for first-time offenders under certain conditions.
Sentencing Guidelines
The United States Sentencing Guidelines (USSG) §4B1.1 defines the "career offender" status, a designation that can significantly impact sentencing outcomes.
It often leads to harsher sentences, as career offenders are assigned to a Criminal History Category VI and offense levels at or near the statutory maximum penalty for the offense of conviction. Career offenders may not be eligible for certain programs, like halfway house placement or home confinement.
The designation of a career offender is not to be taken lightly. It is reserved for repeat offenders involved in serious crimes, mandating stricter sentencing. As noted, under federal law, a career offender is someone who commits a crime of violence or a controlled substance offense after having two prior felony convictions for those same types of crimes.
The potential consequences of this designation can be severe, including longer prison sentences and limited access to certain programs and benefits.
What If You Are A Career Offender?
If you are deemed a “career offender” under the guidelines, the applicable guidelines range is usually higher, which often results in a higher sentence.
The guidelines establish a minimum offense level that is typically far higher than what you would have otherwise received under the normal application of the guidelines. It automatically places you in Category VI of the criminal history, regardless of your actual criminal history. The net result of these two adjustments is that your recommended guidelines range will be near the maximum penalty for the crime of conviction.
While the career offender designation may affect your guidelines range, it's important to remember that the judge has discretion to disregard or at least discount the importance of that designation. Judges frequently impose lower sentences on defendants deemed career offenders than the guidelines recommend, offering hope for a fair trial.
This often requires the defense attorney to persuade the judge that the designation does not adequately reflect the defendant's criminal history.
What Does Federal Law Say?
The full text of §4B1.1. Career Offender law says -
"(a) A defendant is a career offender if (1) the defendant was at least eighteen years old at the time the defendant committed the instant offense of conviction; (2) the instant offense of conviction is a felony that is either a crime of violence or a 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.
(b) Except as provided in subsection (c), if the offense level for a career offender from the table in this subsection is greater than the offense level otherwise applicable, the offense level from the table in this subsection shall apply. A career offender's criminal history category in every case under this subsection shall be Category VI.
If an adjustment from §3E1.1 (Acceptance of Responsibility) applies, decrease the offense level by the number of levels corresponding to that adjustment.
(c) If the defendant is convicted of 18 U.S.C. § 924(c) or § 929(a), and the defendant is determined to be a career offender under subsection (a), the applicable guideline range shall be determined as follows:
(1) If the only count of conviction is 18 U.S.C. § 924(c) or § 929(a), the applicable guideline range shall be determined using the table in subsection (c)(3).
(2) In the case of multiple counts of conviction in which at least one of the counts is a conviction other than a conviction for 18 U.S.C. § 924(c) or § 929(a), the guideline range shall be the greater of-
(A) The guideline range that results by adding the mandatory minimum consecutive penalty required by the 18 U.S.C. § 924(c) or § 929(a) count(s) to the minimum and the maximum of the otherwise applicable guideline range determined for the count(s) of conviction other than the 18 U.S.C. § 924(c) or § 929(a) count(s); and
(B) The guideline range is determined using the table in subsection (c)(3).
(3) Career Offender Table for 18 U.S.C. § 924(c) or § 929(a) Offenders."
Definitions Under Federal Law
"(a) Crime of Violence. The term 'crime of violence' means any offense under federal or state law, punishable by imprisonment for a term exceeding one year, that-
(1) has as an element the use, attempted use, or threatened use of physical force against the person of another; or
(2) is murder, voluntary manslaughter, kidnapping, aggravated assault, a forcible sex offense, robbery, arson, extortion, or the use or unlawful possession of a firearm described in 26 U.S.C. § 5845(a) or explosive material as defined in 18 U.S.C. § 841(c).
(b) Controlled Substance Offense. The term 'controlled substance offense' means an offense under federal or state law, punishable by imprisonment for a term exceeding one year, that-
(1) prohibits the manufacture, import, export, distribution, or dispensing of a controlled substance (or a counterfeit substance) or the possession of a controlled substance (or a counterfeit substance) with intent to manufacture, import, export, distribute, or dispense; or
(2) is an offense described in 46 U.S.C. § 70503(a) or § 70506(b).
Unlawfully possessing a listed chemical with intent to manufacture a controlled substance (21 U.S.C. § 841(c)(1)) is a "controlled substance offense.
Unlawfully possessing a prohibited flask or equipment with intent to manufacture a controlled substance (21 U.S.C. § 843(a)(6)) is a "controlled substance offense.
Maintaining any place for the purpose of facilitating a drug offense (21 U.S.C. § 856) is a "controlled substance offense" if the offense of conviction established that the underlying offense (the offense facilitated) was a "controlled substance offense."
Criteria for Career Offender Status
USSG §4B1.1 lists three key factors to classify a defendant as a career offender. These criteria are cumulative, meaning that all must be met for the designation to take effect. Let's review the criteria below: .
- Defendant's Age. To qualify as a career offender, the defendant must have been at least 18 years old at the time the offense in question was committed.
- Nature of the Offense. The offense must either be a crime of violence or a controlled substance offense. A crime of violence is defined as an offense that includes the use, attempted use, or threat of physical force against another person. Controlled substance offenses involve drug trafficking or manufacturing crimes, as outlined in federal statutes. Crimes like trafficking in significant quantities of illegal drugs are a common example of what can qualify.
- Prior Convictions. The defendant must have at least two prior felony convictions for either crimes of violence or controlled substance offenses. They do not have to be from the same jurisdiction, but must meet the felony classification.
Affects on Federal Sentencing
Being classified as a career offender has significant implications for federal sentencing. USSG §4B1.1 imposes harsher penalties on repeat offenders on the belief that they are a greater risk to public safety. The sentencing guidelines effectively allow for more severe sentencing for career offenders through the following:
- Elevated Offense Levels. All federal crimes are assigned a numeric baseline offense level, ranging from 1 to 43, based on their severity, which also indicates the statutory maximum sentence for that offense level. For defendants with career offender status, the offense levels for qualifying crimes are elevated to increase the likelihood of harsher sentencing. Suppose the offense level of the initial crime is lower than the level recommended for career criminals. In that case, the higher offense level will apply, which will affect the sentencing range that the judge uses in determining the sentence.
- Criminal History Category VI. A career offender is automatically placed in Criminal History Category VI, the highest category under federal sentencing guidelines for criminal history. This categorization results in longer sentencing ranges because it presumes a severe and consistent history of criminal behavior.
- Mandatory Sentencing. When a crime involves specific statutes, such as possession of a firearm during a drug trafficking crime (18 U.S.C. § 924(c)), a mandatory consecutive sentence will be added to the guideline-calculated sentence. This means that the mandatory minimum for certain offenses will still be considered when determining the overall sentence.
Challenge Career Offender Designation
Being designated as a career offender can lead to substantial increases in prison time. However, an experienced federal criminal defense attorney can play a pivotal role in challenging this designation or mitigating its impact. Some strategies are discussed below.
Perhaps we can examine prior convictions. We will review your record to determine whether your prior convictions qualify under federal law. For instance, state offenses categorized as misdemeanors but used in federal calculations could be grounds for challenge.
Perhaps we can negotiate a plea agreement. We might be able to negotiate plea deals to reduce the severity of charges, avoiding those that qualify under the career offender criteria.
Perhaps we can argue for departures. Federal sentencing law allows for downward departures if the application of the career offender guidelines overstates the seriousness of the defendant's criminal history or offense.
For instance, when prior eligible convictions stem from minor incidents, a lawyer can argue for reduced penalties.
For more information, contact Cron, Israels & Stark, a federal criminal defense law firm in Los Angeles, California.
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