United States v. Andrew Earl Chapnick

ORDER

The memorandum disposition for this case is redesignated an opinion authored by Judge Poole.

OPINION

Defendant Andrew Earl Chapnick appeals his sentence of 112 months in federal prison, imposed upon conviction for bank robbery under the Sentencing Guidelines. Chapnick argues that the district court improperly classified him as a “career offender” because his two prior offenses should be considered either “consolidated for sentencing” or committed as part of a “common scheme or plan” under U.S.S.G. § 4A1.2(a). We have jurisdiction pursuant to 28 U.S.C. § 1291 and we vacate Chapnick’s sentence and remand for resentencing.

FACTS

On June 26, 1989, the Capital Bank of Woodland Hills, California was robbed. Shortly thereafter, a grand jury for the Central District of California indicted defendant Andrew Earl Chapnick on the single count of bank robbery. On January 4, 1991, Chapnick pled guilty to the indictment. He does not appeal his conviction.

The Probation Office recommended in its Pre-sentence Report to the district court that Chapnick be classified as a “career offender” under the United States Sentencing Guidelines. The Probation Office reached this conclusion because…