Flennory

United States v. Flennory

Good Law
23 F. App'x 702
United States Court of Appeals for the Ninth CircuitNovember 15, 2001No. 01-30125; D.C. No. CR-00-0007-KICalifornia489 words

Opinion

Lead Opinion

MEMORANDUM **

Richard Eugene Flennory appeals his 151-month sentence imposed following a guilty plea conviction to bank robbery, in violation of 18 U.S.C. § 2113 . We have jurisdiction pursuant to 28 U.S.C. § 1291 , and we affirm.

Flennory contends that the district court erred in concluding that he was a career offender pursuant to U.S.S.G. § 4B1.1. We review de novo a district court’s determination that a defendant is a career offender. See United States v. Casarez-Bravo, 181 F.3d 1074, 1076 (9th Cir.1999).

Flennory first contends that the district court erred by qualifying his 1993 Washington conviction for delivery of marijuana as a predicate conviction because *703 even though it constitutes a felony under Washington law, it should be treated as a misdemeanor pursuant to 21 U.S.C. § 844 , as his state offense allegedly involved a small amount marijuana for no remuneration. We disagree for the following reasons.

The language of section 4B1.2 expressly states that “[t]he term ‘controlled substance offense’ means an offense under federal or state law, punishable by imprisonment for a term exceeding one year, that prohibits the ... distribution, or dispensing of a controlled…

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