Thomas

United States v. Thomas

Good Law
219 F. App'x 655
United States Court of Appeals for the Ninth CircuitJanuary 22, 2007No. 05-50948California1,037 words

Opinion

Lead Opinion

MEMORANDUM *

Johnnie Thomas appeals the 96-month sentence imposed by the district court for distribution of cocaine base in violation of 21 U.S.C. §§ 841 (a)(1) and (b)(l)(iii). As the parties are familiar with the facts of this case, we do not separately recount them here. We have jurisdiction under 28 U.S.C. § 1291 , and we affirm.

I.

Thomas argues that the district court incorrectly sentenced him as a career offender under U.S.S.G. § 4B1.1. Specifically, Thomas asserts that the district court erred in (1) refusing to treat his two prior robbery convictions as related under U.S.S.G. § 4A1.2 and (2) classifying one of *657 his prior robbery convictions as a “crime of violence.” We disagree.

We review de novo the district court’s determination that a defendant qualifies as a career offender under U.S.S.G. § 4B1.1. United States v. Kelly, 422 F.3d 889, 891-92 (9th Cir.2005). However, we review “with due deference a district court’s determination that two crimes were not related or consolidated for sentencing.” United States v. Asberry, 394 F.3d 712 , 718 n. 8 (9th Cir.2005). We also review de novo a district court’s determination that a prior conviction is a “crime of violence”…

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