United States v. Robert William Weinert

Robert William Weinert appeals his 151-month sentence imposed following his conviction by guilty plea to three counts of unarmed bank robbery in violation of 18 U.S.C. § 2113 (a). W^einert contends that the district court erred by sentencing him as a career offender under U.S.S.G. § 4B1.1 because his prior California state conviction for shooting at an inhabited building does not qualify as a crime of violence. We have jurisdiction under 28 U.S.C. § 1291 , and we affirm.

We review de novo the district court’s determination that Weinert was a career offender. United States v. Becker, 919 F.2d 568, 570 (9th Cir.1990), cert. denied, 499 U.S. 911 , 111 S.Ct. 1118 , 113 L.Ed.2d 226 (1991); United States v. Williams, 891 F.2d 212, 214 (9th Cir.1989), cert. denied, 494 U.S. 1037 , 110 S.Ct. 1496 , 108 L.Ed.2d 631 (1990).

A defendant qualifies a career offender under the United States Sentencing Guidelines if among other requirements, he has “at least two prior felony convictions of ... a crime of violence.” U.S.S.G. § 4B1.1; accord United States v. Young, 990 F.2d 469, 470 (9th Cir.1993). A “crime of violence” is defined, in part, in Guidelines section 4B1.2 as a state or federal…