United States v. Carey Dennis Malasartre

972 F.2d 1345 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel. UNITED STATES of America, Plaintiff-Appellee, v. Carey Dennis MALASARTRE, Defendant-Appellant. No. 91-50812. United States Court of Appeals, Ninth Circuit. Submitted Aug. 12, 1992. * Decided Aug. 17, 1992. Before BRUNETTI, RYMER and KLEINFELD, Circuit Judges. 1 MEMORANDUM ** 2 Carey Dennis Malasarte appeals his sentence imposed under the United States Sentencing Guidelines ("Guidelines") for two counts of bank robbery, in violation of 18 U.S.C. § 2113 (a). Malasarte contends that his sentence should not have been enhanced under the Guidelines' career offender provision. We have jurisdiction under 28 U.S.C. § 1291 and affirm. 1 3 Under the Guidelines, a defendant is a career offender if, among other requirements, the defendant has at least two prior felony convictions of either a crime of violence or a controlled substance offense. U.S.S.G. § 4B1.1. Malasarte argues that the use of his prior…