United States v. Larry C. Havener

BREYER, Circuit Judge.

This appeal raises a narrow issue about the applicability of a change that the Sentencing Commission recently made in one of its guidelines. The guideline in question governs the sentencing of a “career offender,” a person convicted for a third time of an offense involving drugs or violence. See United States Sentencing Commission, Guidelines Manual [hereinafter U.S.S.G.; all citations are to the latest edition of the Manual (November 1, 1989) unless otherwise noted] § 4B1.1; 28 U.S.C. § 994(h) (mandating that the Commission assure that certain “career” offenders receive…