UNITED STATES of America, Plaintiff-Appellee, v. Curtis TOWNSEND, A/K/A Curtis Andre Townsend, Defendant-Appellant

Curtis Townsend appeals from the district court’s denial of his motion for a reduction of sentence under 18 U.S.C. § 3582 (c)(2). We have jurisdiction, 18 U.S.C. § 3742 (a), and we affirm.

I

On August 10,1992, Curtis Townsend pled guilty pursuant to a plea agreement to one count of unarmed bank robbery in violation of 18 U.S.C. § 2113 (a). The probation officer calculated Townsend’s initial offense level at 24. Due to Townsend’s undisputed status as a career offender, the probation officer then applied U.S.S.G. § 4B1.1, which provides for an increase in a career criminal’s offense level based on the “offense statutory maximum” for the offense of conviction. At the time that Townsend was sentenced, § 4B1.1 defined the term “offense statutory maximum” as “the maximum term of imprisonment authorized for the offense of conviction that is a crime of violence or controlled substance offense.” U.S.S.G. § 4B1.1, comment, (n. 2) (1992). The maximum term of imprisonment for conviction of unarmed bank rob bery in violation of 18 U.S.C. § 2113 (a) is twenty years, a term which carries an offense level of 32. Townsend also received a two-level reduction for acceptance of responsibility,…