United States v. David Frederick Sherman

Good Law
91 Daily Journal DAR 3100·928 F.2d 324·1991 WL 34690·1991 U.S. App. LEXIS 4186·91 Cal. Daily Op. Serv. 1843
United States Court of Appeals for the Ninth CircuitMarch 18, 199189-50552California1,639 words

Opinion

Opinion

Boochever, J.

OVERVIEW

David Frederick Sherman pled guilty to five counts of bank robbery and attempted bank robbery. His sentence was adjusted under the career offender provisions of the Sentencing Guidelines for having two prior convictions for crimes of violence. He appeals this adjustment, arguing that the district judge erred in determining that a prior state conviction for “burglary in the first degree using a firearm” was a crime of violence under § 4B1.2 of the Guidelines. We affirm.

BACKGROUND

On July 14, 1989, Sherman pled guilty to five of fifteen counts of bank robbery and attempted bank robbery. In applying the Sentencing Guidelines in its presentence report, the Probation Office calculated that Sherman’s total offense level was 32, his criminal history category was VI, and, thus, his imprisonment range was 210-262 months.

Sherman challenges the determination that he is a career offender having at least two prior felony convictions for crimes of violence. Specifically, Sherman contests the conclusion his 1978 conviction for burglary of the Boise Holiday Inns manager’s office constitutes a crime of violence under the Guidelines.

The district court initially characterized the…

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