United States v. Darren Mims

89 F.3d 847 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel.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. Darren MIMS, Defendant-Appellant. No. 95-30306. United States Court of Appeals, Ninth Circuit. Submitted April 22, 1996. * Decided April 29, 1996. Before: HALL, THOMPSON and RYMER, Circuit Judges. 1 MEMORANDUM ** 2 Darren Mims appeals his sentence under the Sentencing Guidelines imposed following his guilty plea to possession of cocaine with intent to distribute, in violation of 21 U.S.C. §§ 841 (a)(1) and 841(b)(1)(C). Mims contends that the district court erred in sentencing him as a career offender under U.S.S.G. § 4B1.1 because his prior California conviction for throwing a substance at a vehicle was not a "crime of violence" pursuant to U.S.S.G. § 4B1.2. 3 We have jurisdiction under 28 U.S.C. § 1291 . This court reviews the district court's interpretation of the U.S. Sentencing Guidelines de novo, United States v. Young, 990 F.2d 469,…