Brief of the Federal Public and Community Defenders for the Judicial Districts of the Sixth Circuit and the National Association of Criminal Defense Lawyers as Amici Curiae in Support of Reversal.
Argument: The career offender guideline is problematic. The impact of the career offender guidelines was even more severe before the Fair Sentencing Act of 2010. The severity of the career offender guideline does not advance the purposes of sentencing. The career offender guideline has an unwarranted adverse impact on Black defendants. A career offender sentence creates rather than avoids unwarranted disparity in the ordinary case. Courts must take special care when considering the need to avoid unwarranted disparity for those deemed career offenders and eligible for First Step Act relief.