United States v. Willie Clyde Moore

996 F.2d 1229 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel.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. Willie Clyde MOORE, Defendant-Appellant. No. 92-10064. United States Court of Appeals, Ninth Circuit. Submitted Oct. 8, 1992. * Decided June 24, 1993. Before POOLE, FERNANDEZ and T.G. NELSON, Circuit Judges. 1 MEMORANDUM ** 2 A federal grand jury indicted William Clyde Moore ("Moore") for two counts of bank robbery in violation of 18 U.S.C. § 2113 (a). Moore subsequently pled guilty to both counts and was sentenced to 168 months in prison followed by thirty-six months of supervised release. 3 The district court sentenced Moore as a career offender using his prior state conviction for the sale of narcotic drugs as one of the predicate offenses. Moore appeals the sentence arguing that the district court erred in using his prior state conviction as the basis for career offender status. Alternatively, he claims that if the career offender provision was correctly…