United States v. McBride, No. 15-3759 (6th Cir. 2016)
Annotate this CaseMcBride signed a plea agreement after being charged in five jurisdictions with six counts of bank robbery, 18 U.S.C. 2113(a), (d). The agreement included an “understand[ing]” that McBride would be sentenced as a career offender because “he ha[d] at least two prior crime of violence convictions,” USSG 4B1.1(a). The presentence report recommended designating McBride a career offender based on two prior convictions for bank robbery. McBride’s sentencing memorandum asked the court to depart downward from the advisory range of 188-235 months, but agreed that “[t]here is no dispute that McBride is a ‘career offender.’” His counsel conceded the career-offender point at sentencing. Had he not been labeled a career offender, the Guidelines range would have been 100-125 months. The court sentenced McBride to 216 months of imprisonment. The Sixth Circuit affirmed, rejecting McBride’s argument that, in light of the Supreme Court’s 2015 decision in Johnson v. United States, section 2113 is not a predicate offense under the career-offender guideline. Conviction for bank robbery under 2113(a) requires proving that a defendant “by force and violence, or by intimidation, takes, or attempts to take . . . any property . . . belonging to, or in the care, custody, control, management, or possession of, any bank.”
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