United States v. Hardy Jones

Hardy Jones appeals his sentence imposed under the United States Sentencing Guidelines (U.S.S.G. or Guidelines) following his conviction by guilty plea for two counts of unarmed bank robbery, in violation of 18 U.S.C. § 2113 (a). The district court sentenced Jones to two concurrent terms of fifteen years imprisonment and five years probation.

Jones contends that the Guidelines as a whole violate due process on their face, and that the district court’s application of the Guidelines’ career offender provision in this case violated due process. Jones also contends that the district court erred by failing to make the fact findings required by Federal Rule of Criminal Procedure 32(c)(3)(D), and by failing to hold an evidentiary hearing to resolve factual disputes.

Judgment was entered on July 24, 1989, and Jones timely filed his notice of appeal on the same day. The district court filed a sentencing order on July 28, 1989. We have jurisdiction under 28 U.S.C. § 1291 . We affirm.

BACKGROUND

Jones’s presentence report listed three prior convictions for purposes of Guidelines § 4B1.1: (1) assault with intent to commit murder and assault with a deadly weapon on January 31, 1979; (2)…