United States v. Mitchell

*244 MEMORANDUM *

Defendant-Appellee Oscar James Mitchell was convicted of bank robbery. At sentencing, the government sought a “career-offender” enhancement under U.S.S.G. § 4B1.1 based on evidence of three prior convictions. The district court acknowledged that Mitchell’s convictions most likely did qualify as predicate offenses sufficient to establish “career offender” status, but nevertheless erroneously declined to sentence Mitchell as a career offender. We vacate the sentence and remand for resentencing with an advisory guidelines range that includes this enhancement.

I.

Even though United States v. Booker, 543 U.S. 220 , 125 S.Ct. 738 , 160 L.Ed.2d 621 (2005), rendered the guidelines advisory, the district court must still make a proper advisory guidelines calculation, including any applicable sentencing enhancements. United States v. Cantrell, 433 F.3d 1269, 1280 (9th Cir.2006). “A misinterpretation of the Guidelines by a district court effectively means that [the district court] has not properly consulted the Guidelines.” Id. (internal citation omitted and alteration in original). If the district court makes a material miscalculation of the advisory guidelines range,…