Harrell

United States v. Harrell

Good Law
22 F. App'x 910
United States Court of Appeals for the Ninth CircuitDecember 28, 2001No. 01-30043; D.C. No. CR-99-00292-JCCCalifornia360 words

Opinion

Lead Opinion

MEMORANDUM **

Vincent Edward Harrell (“Harrell”) appeals the 120-month sentence imposed following his guilty plea conviction for unarmed bank robbery in violation of 18 U.S.C. § 2113 (a). We have jurisdiction pursuant to 18 U.S.C. § 3742 (a) and 28 U.S.C. § 1291 , and we affirm.

Harrell contends that the district court erred in sentencing him as a career offender pursuant to the United States Sentencing Guidelines § 4B1.1 because the 1988 attempted bank robbery conviction used to establish his career offender status should not have been considered a crime of violence.

We review the district court’s interpretation of the sentencing guidelines de novo. United States v. Riley, 183 F.3d 1155, 1157 (9th Cir.1999), cert. denied, 528 U.S. 1174 , 120 S.Ct. 1204 , 145 L.Ed.2d 1107 (2000). Whether a crime constitutes a crime of violence under the U.S.S.G. § 4B1.1 is a categorical test in this circuit. Id. at 1158. If the elements of the crime charged contain the use or attempted use of force, then we consider the crime violent. United States v. Young, 990 F.2d 469, 470 (9th Cir.1993).

The elements of attempted bank robbery as set forth in 18 U.S.C. § 2113 (a) are: (1) knowingly (2)…

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