Snellenberger

Facts

Michael Snellenberger walked into a bank with a threaten- ing note and walked out with a small sum of money. He was quickly arrested and eventually pleaded guilty to unarmed bank robbery. The district court calculated a Sentencing Guidelines range of 151 to 188 months and sentenced Snel- lenberger to 151 months. On appeal, he challenges the calcu- lation of the sentencing range. UNITED STATES v. SNELLENBERGER 15001 Analysis

[1] 1. Snellenberger’s sentencing range was greatly ele- vated when the district court determined that he was a career offender. To qualify as a career offender, a defendant must be convicted of a crime of violence or a drug offense after hav- ing previously committed two such crimes. U.S.S.G. § 4B1.1(a). Snellenberger’s crime of conviction, bank rob- bery, is a crime of violence; one of his prior convictions, sale of methamphetamine, is a drug offense. Under dispute is his other prior: burglary in violation of California Penal Code § 459.

[2] A “crime of violence,” as defined in U.S.S.G. § 4B1.2(a), includes (among other things) “burglary of a dwelling.” If Snellenberger’s prior conviction qualifies as bur- glary of a dwelling, it’s a crime…