United States v. Dennis Jay Morrison

Dennis Jay Morrison appeals the sentence imposed after his guilty plea to bank robbery, in violation of 18 U.S.C. § 2113 (a). Morrison contends that the district court erred by sentencing him as a career offender because his prior conviction for aiding and abetting malicious destruction by use of explosives, in violation of 18 U.S.C. § 844 (i), was not a crime of violence within the meaning of U.S.S.G. § 4B1.1. We have jurisdiction under 28 U.S.C. § 1291 , and we affirm.

We review de novo the district court’s application of the career offender provisions of the Sentencing Guidelines. United States v. Becker, 919 F.2d 568, 570 (9th Cir.1990), cert. denied, — U.S. -, 111 S.Ct. 1118 , 113 L.Ed.2d 226 (1991). To be sentenced as a career offender, a defendant must have at least two prior felony convictions for crimes of violence or controlled substance offenses. U.S.S.G. § 4B1.1. A crime of violence includes “any offense under federal or state law punishable by imprisonment for a term exceeding one year that ... is burglary of a dwelling, arson, or extortion, involves use of explosives, or otherwise involves conduct that presents a serious potential risk of physical injury to…