1084, 1091 (10th Cir.2009) (vacating sentence under § 2255 because failure to report escape predicate conviction did not qualify as a “violent felony” under the ACCA residual clause after intervening case law, Chambers v. United States, 555 U.S. 122, 129 S.Ct. 687, 172 L.Ed.2d 484 (2009)). . The Circuits have split on whether to apply a miscarriage of justice analysis on habeas review where a conviction does not qualify as a “crime of violence” under the career offender provision of the sentencing guidelines. Compare Narvaez v. United States, 674 F.3d 621, 629 (7th Cir.2011) (vacating sentence below statutory maximum under § 2255 because conviction did not qualify as “crime of violence” for career offender enhancement, mandatory at the time of sentencing) with Sun Bear, 644 F.3d at 705 (<HOLDING>). Duval was sentenced as a felon-in-possession.
holding that misapplication of career offender enhancement in light of intervening case law not a miscarriage of justice because guideline range still within statutory maximum authorized holding that the misapplication of case law may not be reviewed holding that a district court is entitled to disagree with the career offender guideline holding that where the guideline range is higher than the statutory maximum sentence the court should depart from the lowest range that could support the statutory maximum holding a reduction in defendants sentence as a career offender was not authorized under  3582c2 because amendment 706 did not lower his applicable guideline range under the careeroffender guidelines