United States v. Michael Anthony Hidalgo

Michael Anthony Hidalgo appeals his sentence under the sentencing guidelines, after a guilty plea, for unarmed bank robbery in violation of 18 U.S.C. § 2113 (a). He argues that the district court erred by including a 1977 robbery conviction and then determining that he was a career offender pursuant to U.S.S.G. § 4B1.1 et seq. We have jurisdiction over this timely appeal pursuant to 28 U.S.C. § 1291 . We reverse and remand to the district court for resentencing.

I

On May 2, 1989, an indictment was filed which charged Hidalgo with four counts of unarmed bank robbery in violation of 18 U.S.C. § 2113 (a). Hidalgo pled guilty on June 19, 1989 to Count One of the indictment which charged him with committing a March 17, 1989 robbery of American Savings and Loan Association in La Puente, California.

A presentence report was ordered and prepared. In that report, the probation officer determined that Hidalgo was included within the career offender guidelines, U.S.S.G. § 4B1.1 et seq., because the instant offense (unarmed bank robbery) is a crime of violence and Hidalgo has two prior convictions for crimes of violence within the meaning of U.S.S.G. § 4B1.2. One of the prior convictions…