United States v. Davila-Felix, No. 09-2495 (1st Cir. 2011)Annotate this Case
Defendant, having participated in a string of robberies, was convicted of using force and intimidation to rob a bank insured by the FDIC (18 U.S.C. 2113(a), (d)), and knowingly brandishing a firearm during a crime of violence (18 U.S.C. 924(c)(1)(A)(ii)). The district court sentenced defendant, as a career offender, to life in prison. The First Circuit held that the record did not support imposition of a life sentence under the federal "three strikes" provision, 18 U.S.C. 3559(c)(1). Nor did the record support sentencing under the career offender provision, U.S.S.G. 4B1.1. The second "strike" (or predicate offense) on defendant's criminal record actually occurred after the charge bank robbery. Because of the quantities as issue, previous drug convictions could not serve as the second "strike."