Guidelines Manual § 4B1.2 (2005) (defining “crime of violence”); United States v. Thompson, 421 F.3d 278, 284 (4th Cir. 2005) (noting that North Carolina conviction for breaking and entering qualified as predicate violent felony offense for purposes of Armed Career Criminal Act), cert. denied, — U.S. -, 126 S.Ct. 1463, 164 L.Ed.2d 250 (2006). Jordan also asserts that the district court erroneously counted his state conviction for assault inflicting serious bodily injury as a predicate offense for career offender purposes given that he committed that offense on September 2, 2005, which was after he distributed cocaine on July 21, 2005, the conduct that formed the basis of the instant offense. We agree. See USSG § 4B1.2(c); United States v. Williams, 29 F.3d 172, 174 (4th Cir.1994) (<HOLDING>). Although the assault conviction did not
holding that convictions sustained subsequent to the conduct forming the basis for the offense at issue cannot be used to enhance a defendants status to career offender holding that where defendant did not dispute any facts supporting the career offender status in district court there is no constitutional violation in relying on defendants prior convictions holding that the career offender guideline could not directly apply when there was an unsentenced conviction but allowing the district court on remand to consider departing from the guidelines in order to sentence a defendant whose conduct delayed his convictions as if the career offender provision applied holding that reduced career offender status was nonetheless based the career offender guidelines holding that where defendant did not dispute any of the facts supporting the career offender status in district court there is no constitutional violation in relying on defendants prior convictions