Diamond

United States v. Diamond

Good Law
319 F. App'x 516
United States Court of Appeals for the Ninth CircuitJanuary 22, 2009No. 07-30492California393 words

Opinion

Lead Opinion

MEMORANDUM *

Steven Diamond appeals his 144-month sentence with three additional years of supervision resulting from his conviction for bank robbery in violation of 18 U.S.C. § 2113 (a) and (f). Because the parties are familiar with the facts and procedural history we do not include them here, except as necessary to explain our disposition. We have jurisdiction under 28 U.S.C. § 1291 and 18 U.S.C. § 3742 (a) and we affirm.

Diamond contends that the district court erred in determining that his 1994 conviction for violating 18 U.S.C. § 111 (a)(1) *517 could serve as a predicate offense for a career offender enhancement under the U.S. Sentencing Guidelines Manual section 4B1.1. He argues further that the district court improperly applied the modified categorical approach to his conviction because the conviction was obtained through a plea of nolo contendere pursuant to North Carolina v. Alford, 400 U.S. 25 , 91 S.Ct. 160 , 27 L.Ed.2d 162 (1970).

This circuit recognizes that an Alford plea serves as the equivalent of a guilty plea for the purposes of determining whether the crime of conviction is a crime of violence. See United States v. Guerrero-Velasquez, 434 F.3d 1193, 1197-98…

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