Marshall
United States v. Marshall
Opinion
Lead Opinion
MEMORANDUM *
Wayne Jason Marshall pleaded guilty to one count of bank robbery, in violation of 18 U.S.C. § 2113 (a). At sentencing, the district court found that Marshall qualified as a “career offender” under U.S.S.G. § 4B1.1, and sentenced him to 120 months’ imprisonment. Marshall appeals his sentence contending that he does not qualify as a career offender because the district court erred in finding that his prior conviction under California Vehicle Code § 2800.2 (“§ 2800.2”) was a “crime of violence” under U.S.S.G. § 4B1.2(a). We agree.
We hold that Marshall’s conviction under § 2800.2, for flight from a pursuing police officer in willful or wanton disregard for the safety of persons or property, is not categorically a crime of violence. See United States v. Jennings, 515 F.3d 980, 989-91 (9th Cir.2008); United States v. Kelly, 422 F.3d 889, 895 (9th Cir.2005) (holding that a Washington state conviction for attempting to elude a pursuing police officer was not a crime of violence because the statute criminalized conduct that did not “present[ ] a serious potential risk of physical injury to another,” as required by U.S.S.G. § 4B1.2(a)(2)).