Sixth Circuit -- Larry Gibbs v. USA

Larry Gibbs v. USA 

On a collateral challenge to priors for career criminal designation, a 60(b) motion arguing actual innocence of being a career criminal cannot be used to challenge the predicate offenses.

Although no one had challenged the specific statute, similar challenges should have put deft on sufficient notice to raise the issue on direct appeal.

Court declines to say whether actual innocence can be grounds for challenging noncapital sentences. 

Calculation of guidelines sentence is inherently procedural.