Tidwell

United States v. Tidwell

Good Law
40 F. App'x 522
United States Court of Appeals for the Ninth CircuitJune 14, 2002No. 01-50497; D.C. No. CR-00-00099-AHS-1California228 words

Opinion

Lead Opinion

MEMORANDUM **

Devario Christopher Tidwell appeals the 240-month sentence imposed following his guilty plea to one count of armed bank robbery, in violation of 18 U.S.C. § 2113 (a) and (d), and one count of using a firearm during a crime of violence, in violation of § 924(c). We have jurisdiction pursuant 18 U.S.C. § 3742 , and we affirm.

Tidwell contends that the district court erred in its determination that he was a career criminal offender under U.S.S.G. § 4B1.1 because his prior California state conviction for grand theft under CaLPenal Code § 487.2 is not a “crime of violence.” As conceded by Tidwell, this argument is controlled by this court’s decision in United States v. Wofford, 122 F.3d 787, 793-94 (9th Cir.1997) (holding a conviction for grand theft under Cal.Penal Code § 487.2 is a violent felony since it “involves conduct that presents a serious potential risk of physical injury to another”). See also § 4B1.2 (defining a “crime of violence” as an offense punishable by an imprisonment term exceeding one year, that “involves conduct that presents a serious potential risk of injury to another”). Accordingly, we affirm the sentence imposed by the district…

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