Snellenberger

United States v. Snellenberger

Good Law
United States Court of Appeals for the Ninth CircuitApril 3, 200706-50169California2,379 words

Opinion

Opinion

DISCUSSION

[1] A court may deem a defendant a career offender eligible for a sentence enhancement under the Guidelines if the defen- dant has “at least two prior felony convictions of either a crime of violence or a controlled substance offense,” and was at least eighteen years old at the time he or she committed a 1 Snellenberger does not contest that he has a history of one prior offense that falls under U.S.S.G. §§ 4B1.1, 4B1.2. He challenges only the District Court’s finding that his 1991 conviction should count as a second prior felony. 3844 UNITED STATES v. SNELLENBERGER third felony that was also a “crime of violence or a controlled substance offense.” U.S.S.G. § 4B1.1(a), (b). The Guidelines define a “crime of violence” as “any offense under federal or state law, punishable by imprisonment for a term exceeding one year, that [ ] has as an element the use, attempted use, or threatened use of physical force against the person of another, or [ ] is burglary of a dwelling . . .” or another offense enu- merated or described in this provision. U.S.S.G. § 4B1.2(a) (emphasis added). The dispute in this case focuses on whether Snellenberger’s 1991 burglary…

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