United States v. Hector Cirino

Defendant-Appellant Hector Cirino appeals the sentence imposed by the district court, which included imposition of a career-offender sentence based on prior felony convictions from crimes committed in Puerto Rico. Specifically, Cirino contends that because Puerto Rico is not a state, his prior Puerto Rican felony convictions are not “prior felony convictions of ... a crime of violence” “under federal or state law” for purposes of the Sentencing Guidelines’ “career offender” guideline. U.S. SENTENCING Guidelines MaNual § 4Bl.l(a) and § 4B1.2(a) (2002). We have jurisdiction pursuant to 28 U.S.C. § 1291 and 18 U.S.C. § 3742 (a). We hold that prior Puerto Rican convictions may constitute “prior felony convictions” for purposes of Guideline § 4Bl.l(a). Nevertheless, we will follow procedures set forth in United States v. Ameline, 409 F.3d 1073 (9th Cir.2005) (en banc), to determine whether a limited remand is appropriate in this case.

I.

On April 1, 2003, Cirino and co-defendant Ivan Gonzalez-Corporan robbed a Silver State Bank in Las Vegas, Nevada. They were soon arrested, and after a three-day trial, a jury convicted both men of armed bank robbery, possession of a firearm during…