United States v. Johnny Leo Benjamin

999 F.2d 544 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel.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. Johnny Leo BENJAMIN, Defendant-Appellant. No. 92-10455. United States Court of Appeals, Ninth Circuit. July 23, 1993. 1 Before BROWNING and CANBY, Circuit Judges, and KELLEHER * District Judge. 2 MEMORANDUM ** 3 Johnny Leo Benjamin appeals his sentence following his guilty pleas to two counts of bank robbery, in violation of 18 U.S.C. § 2113 (a), and to one count of credit union robbery and of aiding and abetting credit union robbery, in violation of 18 U.S.C. §§ 2 and 2113(a). He contends that the district court erred in sentencing him as a career offender under section 4B1.1 of the Sentencing Guidelines. The question presented is whether a felony sexual battery under California law is a "crime of violence" for the purpose of section 4B1.1. We remand for resentencing to enable the district court to identify and consider the charged conduct of the…