United States v. Jasy Von Brown, AKA Jasy Drags Wolf

Defendant Jasy Von Brown pleaded guilty to one count of burglary, in violation of 18 U.S.C. § 1153 (a) and Montana Code Annotated § 45-6-204. He appeals his sentence as a career offender under the United States Sentencing Guidelines (U.S.S.G.) § 4B1.1. In keeping with our decisions in United States v. Quintana-Quintana, 383 F.3d 1052, 1053 (9th Cir.2004), ce rt. denied, — U.S. -, 125 S.Ct. 1100 , 160 L.Ed.2d 1085 (2005), and United States v. Smith, 390 F.3d 661, 666-67 (9th Cir.2004), we hold that enhancing Defendant’s sentence on account of his prior convictions did not violate the Sixth Amendment, as interpreted by the Supreme Court in Blakely v. Washington, 542 U.S. 296 , 124 S.Ct. 2531 , 159 L.Ed.2d 403 (2004), and United States v. Booker, — U.S. -, -, 125 S.Ct. 738, 755-56 , 160 L.Ed.2d 621 (2005).

PROCEDURAL HISTORY

The base offense level for Defendant’s crime of conviction was 17. U.S.S.G. § 2B2.1(a)(l). But, because the conviction qualified as a “crime of violence” and Defendant had at least two prior felony convictions for crimes of violence, he was sentenced as a career offender under U.S.S.G. § 4B1.1, and his offense level was increased to 29. After a three-point…