United States v. Manuel Larry Jackson

Manuel Larry Jackson appeals his 210-month sentence imposed following his jury conviction for armed bank robbery in violation of 18 U.S.C. § 2113 (a) (1988). Jackson contends the district court erred by enhancing his sentence under the career offender provision of United States Sentencing Guidelines (“U.S.S.G.”) § 4B1.1 (1990) because a prior California conviction for attempted first-degree burglary was not a “crime of violence” under U.S.S.G. §§ 4B1.1 and 4B1.2 (1990). The attempted burglary conviction resulted from Jackson attempting to enter a residence through a window and then fleeing over a fence.

Jackson also contends that the district court erred in not departing downward from the guideline range. We have jurisdiction under 28 U.S.C. § 1291 , and we affirm.

CAREER OFFENDER

The district court’s determination that Jackson is a career offender is an interpretation of the guidelines, and is reviewed de novo. 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).

Jackson argues that his conviction for attempted first-degree burglary did not involve the threat of physical force against another, and…