United States v. Jeffrey Dean Becker

OVERVIEW

On December 2, 1988, Jeffrey Dean Becker was indicted on four counts of bank robbery in violation of 18 U.S.C. § 2113 (a). He pled guilty to two of those counts. At his sentencing hearing on April 24, 1989, the other two counts were dismissed. Based upon Becker’s prior criminal history, the district court found that he was a “career offender” as that term is used in United States Sentencing Commission, Guidelines Manual (“Sentencing Guidelines” or “Guidelines”) § 4B1.1 (Jan.1988). Becker was then sentenced to two concurrent one hundred and twenty month sentences, to be followed by a five-year period of supervised relief.

Becker appeals his sentence, contending that the district court erroneously classified him as a career offender. He challenges the district court’s finding that each of his two prior convictions under California law — for burglary of a residence during the daytime — counts as a “crime of violence” as that term is used in the Sentencing Guidelines. We affirm.

FACTS AND PROCEEDINGS BELOW

When Congress created the United States Sentencing Commission, it required the Commission to ensure that the Sentencing Guidelines specify prison sentences “at or near…