United States v. Robert Rodriguez Carrillo, United States of America v. Carlos Alonzo Garcia

In these two cases that have been consolidated for appeal, Garcia and Carrillo challenge the sentences,they received following their convictions. Garcia pleaded guilty to several counts of unarmed bank robbery, in violation of 18 U.S.C. § 2113 (a); Carrillo was convicted, after a jury trial, of one count of armed bank robbery, in violation of 18 U.S.C. §§ 2113 (a) and (d). Both were sentenced as career criminal offenders, pursuant to section 4B1.1 of the United States Sentencing Guidelines (Guidelines). Their appeals present the same question: for purposes of sentencing a defendant pursuant to section 4B1.1, may a district court rely on ■ a prior conviction that occurred when the defendant was less than 18 years old but was tried as an adult, and the defendant was sentenced to the California Youth Authority for an indeterminate period exceeding one year and one month? The district court in both cases had jurisdiction pursuant to 18 U.S.C. § 3231 . We have jurisdiction over these timely appeals pursuant to 18 U.S.C. § 3742 (a). We affirm.

I

Garcia was sentenced as a career criminal offender, pursuant to U.S.S.G. § 4B1.1, on January 27, 1992. In applying section 4B1.1, the…