United States v. Maurice Vincent Roney

39 F.3d 1190 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel.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. Maurice Vincent RONEY, Defendant-Appellant. No. 93-50693. United States Court of Appeals, Ninth Circuit. Argued and Submitted Oct. 7, 1994. Decided Oct. 31, 1994. Before: WALLACE, Chief Judge, REINHARDT and BRUNETTI, Circuit Judges. 1 MEMORANDUM * 2 Defendant/Appellant Maurice Vincent Roney (Roney) pleaded guilty to attempted bank robbery in violation of 18 U.S.C. Sec. 2113 (a). At sentencing, over Roney's objection, the district court concluded that Roney was a "career offender." On appeal, Roney claims that finding was error because his 1981 second-degree burglary conviction was not a crime of violence. We affirm. 3 In assessing whether an offense is a crime of violence under Sec. 4B1.2, courts should analyze the statutory elements of the crime charged "or whether the actual charged 'conduct' of the defendant presented a serious risk of physical injury to…