Pettis

United States v. Pettis

Good Law
19 F. App'x 632
United States Court of Appeals for the Ninth CircuitSeptember 21, 2001No. 00-50727; D.C. No. CR-00-00223-AHMCalifornia384 words

Opinion

Lead Opinion

MEMORANDUM **

Joe Pettis, III, appeals the 121 month sentence imposed after his guilty-plea conviction for bank robbery, in violation of 18 U.S.C. § 2113 (a). We have jurisdiction pursuant to 18 U.S.C. § 3742 , and affirm.

Pettis contends the district court should not have sentenced him as a career offender because his prior convictions were related to each other. The district court’s determination that the prior convictions were not related is subject to deferential review. See Buford v. United States, 532 U.S. 59 , 121 S.Ct. 1276, 1280-81 , 149 L.Ed.2d 197 (2001), abrogating United States v. Davis, 922 F.2d 1385 (9th Cir.1991) (applying de novo review to relatedness determination). We conclude Pettis’ contention is without merit.

Two prior felony convictions are considered related for career-offender status determination if they were, among other factors, “part of a single common scheme or plan.” See USSG § 4A1.2 cmt. 3 (1998); United States v. Allen, 153 F.3d 1037, 1043 (9th Cir.1998). The district court found that Pettis’ prior convictions were committed more than a month apart, against different victims, and in a dissimilar manner. Given the deference due to the district…

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