United States of America, Plaintiff-appellee, v. Benjamin Dino Quiroz, Defendant-appellant, 39 F.3d 1190 (9th Cir. 1994)

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US Court of Appeals for the Ninth Circuit - 39 F.3d 1190 (9th Cir. 1994)

Submitted Nov. 1, 1994. *Decided Nov. 3, 1994

Before CANBY, LEAVY, and T.G. NELSON, Circuit Judges.


Benjamin Dino Quiroz appeals from the sentence he received after pleading guilty to aiding and abetting bank robbery in violation of 18 U.S.C. §§ 2(a) and 2113(a), arguing that the district court erred by enhancing his sentence as a career offender under U.S.S.G. Sec. 4B1.1 because two of his underlying felony convictions were unconstitutional. Because the Sentencing Guidelines do not provide an independent basis for collaterally attacking prior felony convictions, United States v. Fondren, 32 F.3d 429, 430 (9th Cir. 1994), a defendant may not mount a constitutional challenge to prior convictions used for sentence enhancement under U.S.S.G. Sec. 4B1.1. United States v. Burrows, No. 93-50142, 1994 WL 525971, * 9 (9th Cir. Sept. 29, 1994).



The members of the panel agree that this case is appropriate for submission on the briefs and without oral argument per Fed. R. App. P. 34(a) and 9th Cir.R. 34-4


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