NOT RECOMMENDED FOR PUBLICATION

File Name: 23a0113n.06

No. 22-1306

UNITED STATES COURT OF APPEALS

FOR THE SIXTH CIRCUIT

UNITED STATES OF AMERICA,

Plaintiff-Appellee,

v.

SHAWN DARNELL JEFFERSON,

Defendant-Appellant.

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ON APPEAL FROM THE UNITED 

STATES DISTRICT COURT FOR 

THE EASTERN DISTRICT OF 

MICHIGAN

OPINION

Before: SUTTON, Chief Judge; SILER and MATHIS, Circuit Judges.

SILER, Circuit Judge. Defendant Shawn Darnell Jefferson pleaded guilty to three counts 

of bank robbery in violation of 18 U.S.C. § 2113(a). At sentencing in 2022, he objected to the 

district court’s application of the career offender designation under USSG § 4B1.1 and a 3-level 

enhancement for possession of a dangerous weapon under USSG § 2B3.1(b)(2)(E). His argument 

as to the career offender designation is unpersuasive. The district court’s finding that he was 

incarcerated for two different prior felonies within the past fifteen years, as required by the statute, 

was not clearly erroneous. Moreover, Jefferson admits that United States v. Tate, 999 F.3d 374 

(6th Cir. 2021), forecloses his argument as to the enhancement for possession of a dangerous 

weapon. We AFFIRM on both issues. As both Jefferson and the government agree, the case is 

REMANDED solely for the district court to conform the written judgment to the court’s oral 

sentence.
No. 22-1306, United States v. Jefferson

I. Background

Between late December 2018 and early January 2019, Jefferson committed three bank 

robberies. He pleaded guilty to all three crimes in 2019. At sentencing, Jefferson objected to the 

application of the career offender designation under USSG § 4B1.1. He argued that his 1993 

armed robbery conviction was too old to count as a career offender predicate offense and, further, 

that there was not enough evidence to find that his post-release parole violation and subsequent 

incarceration for a 1997 armed robbery pulled his 1993 conviction within the fifteen-year lookback period under USSG §§ 4A1.2(e)(1) and 4A1.2(k)(2).

The district court disagreed, finding that the career offender designation applied. Per the 

district court’s reasoning, Jefferson was first convicted of armed robbery in 1993. He was paroled 

in 1997 and charged with a subsequent armed robbery later that year, while he was out on parole. 

He was convicted and sentenced for the 1997 armed robbery in 1998. Because Jefferson remained 

in prison until after December 2003—the relevant month for the fifteen-year look-back period—

for the 1998 conviction, the district court found that both predicate felonies were within the lookback period and applied the career offender designation. The district court concluded that 

Jefferson was serving the rest of his 1993 sentence concurrently with the 1998 sentence within 

fifteen years of the bank robberies Jefferson committed in 2018 and 2019.

Jefferson also objected to a 3-level enhancement under USSG § 2B3.1(b)(2)(E) for 

possession of a dangerous weapon. He argued that the dangerous weapon enhancement was 

inapplicable because he did not possess a gun during the robberies and only passed a note 

explaining that he was robbing each bank and that he had a gun. During one of the robberies, he 

also mimed having a gun by putting his hand in his pocket and making a gun-like hand motion. 

During the sentencing hearing, Jefferson conceded that his argument was foreclosed by this court’s 
No. 22-1306, United States v. Jefferson

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decision in Tate, 999 F.3d 374. He only sought to preserve the argument for further appellate 

review.

Jefferson was sentenced to 120-months confinement on each count of armed robbery to be 

served concurrently to any undischarged term of imprisonment. He pleaded guilty without a plea 

agreement and preserved his right to appeal the career offender designation and dangerous weapon 

enhancement.

II. Standard of Review

The court reviews findings of fact for clear error, United States v. Galaviz, 645 F.3d 347, 

360 (6th Cir. 2011), and questions of law de novo. United States v. Havis, 927 F.3d 382, 384 (6th 

Cir. 2019) (en banc) (per curiam). As a threshold matter, Jefferson argues that the court should 

apply de novo review to each argument he makes regarding the career offender designation. This 

is incorrect. This court tests for clear error when reviewing a district court’s finding that a 

defendant was imprisoned within the fifteen-year look-back period. United States v. Reid, 751 

F.3d 763, 768–69 (6th Cir. 2014) (testing for clear error when the district court found a term of 

imprisonment for a parole violation resulted from a prior conviction); Galaviz, 645 F.3d at 360 

(same). 

III. Analysis

To be designated as a career offender, among other things, the defendant must have been 

incarcerated for two different violent or drug related felonies within fifteen years of the armed 

robberies in question here. Jefferson argues that the district court erroneously found that his 1993 

armed robbery counted as a predicate felony for that designation. The district court did not clearly 

err in applying the career offender designation because the record shows that he likely served time 

concurrently for his 1993 and 1997 armed robberies within fifteen years of the offense at issue—
No. 22-1306, United States v. Jefferson

his parole for the 1993 armed robbery was revoked when he was arrested for the 1997 crime. 

Because we affirm on this issue, we need not decide whether Jefferson’s dangerous weapons 

enhancement was properly applied. As Jefferson notes, the dangerous weapons enhancement does 

not affect his guidelines range since we affirm on the career offender designation.

1. Career Offender Designation

The district court properly applied the career offender designation. The only question 

before the court is whether Jefferson was incarcerated within the fifteen-year look-back period 

required for application of career offender status. Defendant’s parole for his 1993 armed robbery, 

one of his two predicate convictions triggering the career offender designation, was revoked after 

he was convicted of a second armed robbery. He was then imprisoned for both convictions, 

concurrently, within the fifteen-year look-back period. Because the district court did not clearly 

err, we affirm. 

Under USSG § 4B1.1(a), a defendant is a career offender if he is (1) “at least eighteen years 

old” when convicted; (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.” Only the third 

requirement is at issue in this appeal. Both prior felony convictions must be scoring offenses under 

the Sentencing Guidelines. USSG § 4B1.2(c)(2). Relevant here, a prior conviction counts as a 

scoring offense under § 4A1.2(e)(1), if the “sentence of imprisonment exceed[ed] one year and 

one month [and] was imposed within fifteen years of the defendant’s commencement of the instant 

offense[.]” Further, “any prior sentence of imprisonment exceeding one year and one month, 

whenever imposed, that resulted in the defendant being incarcerated during any part of such 

fifteen-year period[]” is also counted as a scoring offense. Id. Prison time served because of a 

parole violation counts as part of the fifteen-year look-back period if the predicate offense 
No. 22-1306, United States v. Jefferson

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underlying the period of parole was a scoring offense, as was the case for Jefferson’s multiple 

armed robberies. Id. at §§ 4A1.2(e), (k). 

Jefferson makes two arguments as to why his 1993 armed robbery should not count as a 

predicate offense within the fifteen-year look-back period. First, he argues that under Michigan 

Department of Corrections Policy Directive 03.01.135, his sentence for the 1993 crimes could 

have “expired” even if it was not “discharged” or “terminated” because of his subsequent 1997 

armed robbery. Second, he argues that there is no evidence in the record that the Michigan Parole 

Board rescinded his parole for the 1993 armed robbery based on finding that he violated the terms 

of his release when he was convicted of the 1997 armed robbery. Both arguments are without 

merit. But we need only address the latter because the district court did not clearly err in finding 

that Jefferson’s parole was revoked for the 1993 armed robbery when he was arrested and 

sentenced for the 1997 armed robbery. 

Per the Michigan Supreme Court, “once arrested in connection with the new felony, the 

parolee continues to serve out any unexpired portion of his earlier sentence unless and until 

discharged by the Parole Board.” State v. Idziak, 773 N.W.2d 616, 624 (Mich. 2009). “[T]he 

parolee is ‘liable, when arrested, to serve out the unexpired portion of his [] maximum 

imprisonment’ and [] resumes serving that term of imprisonment on the date of his availability for 

return to the DOC, which in this case is synonymous with the date of his arrest.” Id. at 625 (citing 

MCL § 791.238(2)). This analysis is in line with the Policy Directive included in the sentencing 

materials relied upon by the district court. “[I]f an offender is serving consecutive sentences, none 

of the sentences that are part of the consecutive string shall be terminated until all sentences in that 

string have been served.” Mich. Dep’t of Corr., Policy Directive 03.01.135. 
No. 22-1306, United States v. Jefferson

Here, the evidence included in the sealed sentencing exhibits, particularly the “Basic 

Information Sheet” dated August 7, 1998, at minimum, could lead the district court to believe 

Jefferson’s parole was revoked for the 1993 offense in line with the Policy Directive and case law 

discussed above. The “Basic Information Sheet” is titled “Committed,” and states “NC Parole 

Viol w/ New Sent.,” which likely means “New Commitment -- Parole Violation with New 

Sentence.” In the section titled “Previous Sentence Information,” it lists Jefferson’s 1993 sentence 

of 5 to 20 years for “robbery armed” as A-234042. It then states: “By reason of incurring another 

sentence while on parole, the Parole Board has rescinded the parole order under which you were 

released.” This evidence is similar to that presented in Reid, where this court affirmed the district 

court’s application of the career offender designation when the defendant’s “Certificate of 

Termination” showed that his imprisonment was terminated for some charges but not those 

relevant to the career offender designation. 751 F.3d at 769. The same is true here. Although the 

district court could have further explained what it relied on in applying the career offender 

designation, Jefferson does not point to any authority requiring it to do so, and the information on 

the Basic Information Sheet is enough to show that the district court did not clearly err. Jefferson’s 

parole was most likely revoked as a matter of course when he was arrested for a subsequent armed 

robbery in 1997. Assuming this to be true, Jefferson was then imprisoned for both armed robbery 

charges until after December 2003, the relevant date for the fifteen-year look-back requirement. 

Because the district court did not clearly err, we affirm.

2. Dangerous Weapon Enhancement

Jefferson also challenges the application of a three-level enhancement under USSG 

§ 2B3.1(b)(2)(E) for “possess[ion]” of a weapon during his bank robberies. He argues that the 

enhancement is inapplicable because he never possessed a weapon during the robberies, but 

instead insinuated that he had a weapon by motioning with his hand in his pocket. The issue is
No. 22-1306, United States v. Jefferson

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foreclosed under Tate, where this court held that the actions of “a robber [who] uses his concealed 

hand to reasonably suggest the existence of a weapon” are “sufficient to satisfy § 2B3.1(b)(2)(E).” 

999 F.3d at 384.

3. Limited Remand to Conform the Judgment

The parties agree that limited remand is proper to conform the oral sentence to the written 

judgment. When there is a discrepancy between the written judgment and the oral sentence, the 

oral sentence controls. United States v. Bowens, 938 F.3d 790, 801 (6th Cir. 2019). Here, remand 

is proper to correct the written judgment. The written judgment states that Jefferson’s sentences 

run “concurrently to the parole violation that is pending with the Michigan Department of 

Corrections.” However, in its oral sentence, the district court stated the sentence “shall be served 

concurrently to any undischarged term of imprisonment that the defendant is currently serving 

with the [Michigan] Department of Corrections as well as any additional sentence for parole 

violation.”

The district court is AFFIRMED as to Jefferson’s designation as a career offender under 

USSG § 4B1.1 and application of the dangerous weapons enhancement under USSG 

§ 2B3.1(b)(2)(E). The case is REMANDED solely for the district court to conform the written 

judgment to the sentence orally stated at the sentencing hearing.