United States v. Urbano Moran Lopez

24 F.3d 251 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel.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. Urbano Moran LOPEZ, Defendant-Appellant. No. 93-50241. United States Court of Appeals, Ninth Circuit. Argued and Submitted March 10, 1994. Decided April 26, 1994. 1 Before: BRIGHT * , WIGGINS, and T.G. NELSON, Circuit Judges 2 MEMORANDUM ** FACTS AND PRIOR PROCEEDINGS 3 Pursuant to a plea agreement, Lopez ("Appellant") pleaded guilty to two counts of unarmed bank robbery. The district court sentenced Appellant as a "career offender" under the Sentencing Guidelines because Appellant had "at least two prior felony convictions of ... a crime of violence." U.S.S.G. Sec. 4B1.1 (1992). One of those convictions (California state court, 1981) was for second degree burglary. 4 The Guidelines define "crime of violence" to include "burglary of a dwelling," but fail to include explicitly any other kind of burglary. U.S.S.G. Sec. 4B1.2 & comment. (n. 2). ("Crime of violence"…