Because of prior felony drug convictions, he was a career offender. With a total offense level of 35 and a criminal history of VI, petitioner faced 292 to 365 months of imprisonment. The court later reduced that sentence to 240 months pursuant to Fed.
Petitioner asserts two grounds for relief.
While petitioner does not specify the potential ground for relief, the court assumes that he believes he may qualify for a reduction in sentence pursuant to retroactive amendments to the Sentencing Guidelines, specifically, U.S.S.G. App. The Supreme Court, however, determined that the amendment was inconsistent with the plain language of the career offender statute and was thus invalid. LaBonte clearly does not provide petitioner with grounds for a reduction in sentence. Petitioner also contends that his counsel was ineffective in not arguing for a lower criminal history category. A 2255 petition is the appropriate vehicle for asserting such a claim.