Unpublished Disposition, 922 F.2d 845 (9th Cir. 1990)

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US Court of Appeals for the Ninth Circuit - 922 F.2d 845 (9th Cir. 1990)

UNITED STATES of America, Plaintiff-Appellee,v.Dennis Eugene GARDNER, Defendant-Appellant.

No. 90-50055.

United States Court of Appeals, Ninth Circuit.

Submitted Oct. 3, 1990.* Decided Jan. 10, 1991.

Before HUG, NELSON and LEAVY, Circuit Judges.


Dennis Eugene Gardner appeals his sentence imposed under the United States Sentencing Guidelines (Guidelines or U.S.S.G.). Gardner contends that the district court erred by classifying him as a career offender and enhancing his sentence on the basis of two prior burglary convictions and one conviction for attempted burglary. We have jurisdiction under 28 U.S.C. § 1291 and we affirm.

A person is a career offender if (1) he or she was 18 years old at the time of the instant offense, (2) the instant offense was a crime of violence, and (3) the defendant has two prior convictions for crimes of violence. U.S.S.G. Sec. 4B1.1.

Gardner was 33 years old when he committed the offense to which he pled guilty. That offense was bank robbery in violation of 18 U.S.C. § 2113(a), a violent felony. United States v. Selfa, No. 89-10309, slip op. 14999, 15005 (9th Cir. Dec. 7, 1990). Further, he had been convicted of first-degree burglary in California state court twice in 1982. These state court burglary convictions provide a sufficient basis to classify Gardner as a career criminal and to enhance his sentence for having committed two previous crimes of violence. See United States v. Becker, No. 89-50240, slip op. 14337, 14349-50 (9th Cir. Nov. 20, 1990) (holding that first-degree burglary under California law is a "crime of violence" for purposes of sentence enhancement under U.S.S.G. Sec. 4B1.1).

Therefore, we affirm Gardner's classification as a career criminal and his sentence enhancement.



The panel unanimously finds this case suitable for disposition without oral argument. Fed. R. App. P. 34(a); 9th Cir.R. 34-4


This disposition is not appropriate for publication and may not be cited to or by the courts of this circuit except as provided by 9th Circuit R. 36-3