United States v. Steven Dave Avery
Opinion
Opinion
Noonan, J.
Steven Dave Avery pleaded guilty to bank robbery in violation of 18 U.S.C. § 2113 (a). He was found to be a career criminal and sentenced to 168 months in prison. He appeals his sentence. We affirm.
PROCEEDINGS
After Avery had pleaded guilty, the government, in order to show he was a career criminal, produced evidence of three prior convictions of crimes of violence: a May 13, 1976 federal conviction for conspiracy to rob a bank in the Eastern District of Oklahoma; a July 30, 1976 California conviction of Robbery 2 in San Joaquin County, California; and a February 7,1983 federal conviction for bank robbery in the District of Oregon. Avery challenged the constitutional validity of the two 1976 convictions. The district court held that it did not have the obligation to consider the constitutional challenges but, after taking that position, went on to consider them anyway and found them meritless. Avery also unsuccessfully contended that conspiracy to commit a bank robbery was not a crime of violence and argued further that his maximum sentence could be no more than 12 years. He now appeals.