United States of America, Plaintiff-appellee, v. Scott Alexander Hatfield, Defendant-appellant, 954 F.2d 727 (9th Cir. 1992)

MEMORANDUM^** 

Scott Alexander Hatfield appeals his sentence under the Sentencing Guidelines upon his jury conviction for bank robbery. He contends that the district court erred by sentencing him as a career offender because his prior California state conviction for second degree burglary was not a crime of violence. The judgment is affirmed.

We do not rule on a Sentencing Guidelines dispute where resolution of the dispute would not change the sentence. See United States v. Fuentes, 925 F.2d 1191, 1192-93 (9th Cir. 1991). Because reversal of the career offender finding could affect Hatfield's sentence on remand, we will examine Hatfield's burglary conviction. The conviction was for second degree burglary under Cal.Penal Code § 459 which is not limited to burglaries of dwellings. See U.S.S.G. § 4B1.2(1). Nevertheless, in determining whether Hatfield's burglary conviction was for the burglary of a dwelling, the district court was permitted to look beyond the statute, to the criminal complaint and guilty plea. See United States v. Dunn, 946 F.2d 615, 620 (9th Cir.), cert. denied, 112 S. Ct. 401 (1991); United States v. O'Neal, 937 F.2d 1369, 1373 (9th Cir. 1990). The district court did not err by sentencing Hatfield as a career offender. See U.S.S.G. § 4B1.1.

AFFIRMED.