United States v. Daniel Luis Delaney

On March 31, 2003, Defendant Daniel Luis Delaney robbed a branch of the Wells Fargo Bank in Anaheim Hills, California. On June 19, 2003, Delaney was convicted of bank robbery in violation of 18 U.S.C. § 2113 (a). The Probation Office’s Presen-tence Report recommended that Delaney be sentenced as a “career offender” under U.S.S.G. § 4B1.1(a) because (1) he was at least eighteen years old at the time he committed the robbery; (2) the robbery conviction constituted a crime of violence; and (3) he had two prior convictions for crimes of violence. The district court adopted the Presentence Report’s conclusion that Delaney was a career offender because he had two prior felony convictions for crimes of violence, one for bank robbery in violation of 18 U.S.C. § 2113 (a) and one for possession of a short-barreled shotgun in violation of California Penal Code section 12020(a). Delaney, however, contends that his conviction for possession of a short-barreled shotgun is not a “crime of violence” for purposes of § 4B1.1.

We review de novo the district court’s interpretation of the United States Sentencing Guidelines and its designation of career offender status under U.S.S.G. § 4B1.1. See…