United States v. Ronnie French

Good Law
2002 Daily Journal DAR 14075·312 F.3d 1286·2002 WL 31780186·2002 Cal. Daily Op. Serv. 11962·2002 U.S. App. LEXIS 25521
United States Court of Appeals for the Ninth CircuitDecember 13, 200202-10215California425 words

Opinion

Opinion

Ronnie French, a federal prisoner, appeals the district court’s imposition of sentence after the entry of his guilty plea to two counts of bank robbery in violation of 18 U.S.C. § 2113 (a) (1994). At his sentencing hearing, the district court determined that French had been convicted of two qualifying predicate offenses, which warranted application of the career offender enhancement pursuant to U.S. SENTENCING GUIDELINES MANUAL § 4B1.1 (2001). The first predicate offense was a 1995 conviction for the crime of burglary in violation of NEV. REV. STAT. § 205.060 (1995). For the second predicate offense, the district court relied upon French’s entry of a guilty plea to a state criminal charge of robbery in viola tion of NEV. REY. STAT. § 200.380 (1995). Although French had entered his plea at the time of his federal sentencing hearing, he had not yet been sentenced on his state robbery charge. In the instant case, French contends that the district court improperly counted his plea as a predicate conviction under § 4B1.1 because he had not been sentenced for the crime prior to the federal sentencing hearing.

French’s reliance on state law is misplaced in light of the fact that “it is…

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