United States of America, Plaintiff-appellee, v. Robert Morris Hoff, Defendant-appellant, 122 F.3d 1075 (9th Cir. 1997)

MEMORANDUM^* 

Robert Hoff appeals his 151-month sentence following his conviction by guilty plea for bank robbery in violation of 18 U.S.C. § 2113(a). Hoff contends the district court erred by classifying him as a career offender under U.S.S.G. § 4B1.1 because his two previous robbery convictions were related under U.S.S.G § 4A1.2(a) (2). We have jurisdiction pursuant to 28 U.S.C. § 1291, and we affirm.

Whether two prior convictions are related for purposes of career offender status, is a mixed question of law and fact subject to de novo review. See United States v. Davis, 922 F.2d 1385, 1388 (9th Cir. 1991). A defendant is a career offender if (1) the defendant was at least eighteen years old at the time of the instant offense, (2) the instant offense of conviction is a felony that is either a crime of violence or a controlled substance offense, and (3) the defendant has at least two prior, unrelated felony convictions of either a crime of violence or a controlled substance offense. See U.S.S.G. § 4B1.1 (1995).

We agree with the district court that Hoff's previous robbery convictions in San Bernardino and Riverside Counties were unrelated pursuant to U.S.S.G. § 4A1.2(a) (2). Also, even if these two prior convictions were related, Hoff would still qualify as career offender under the Sentencing Guidelines. In addition to his prior robbery convictions, Hoff had a conviction for possession of a deadly weapon while confined in jail. See United States v. Young, 990 F.2d 469, 472 (9th Cir. 1993) (prior conviction for possession of a deadly weapon in prison is a crime of violence for career offender purposes). Hoff would still have at least two prior unrelated felony convictions based on the robbery convictions and the conviction for possession of a deadly weapon while confined in jail. Accordingly, the district court did not err in when it sentenced Hoff as a career offender. See id.

AFFIRMED.