United States v. Wetzel-Sanders, No. 14-3254 (10th Cir. 2015)
Annotate this CaseIn July 2005, defendant-appellant Laura Wetzel-Sanders pled guilty to one count of bank robbery. For purposes of sentencing, she was deemed a career offender based upon a 2000 Kansas state conviction for criminal threat (for which she received a seven-month sentence) and a 2002 federal conviction for bank robbery (for which she received an 18-month sentence). On appeal to the Tenth Circuit, defendant argued that she was sentenced on materially incorrect information: that after the Court’s decision in “United States v. Brooks,” (751 F.3d 1204 (10th Cir. 2014)), defendant’s state criminal threat conviction did not qualify as a predicate offense for purposes of applying the career-offender guideline. The Tenth Circuit reversed, finding that this appeal was defendant’s third successive section 2255 motion, and that the district court lacked jurisdiction to hear it. The Tenth Circuit vacated the district court’s order on the merits and dismissed the appeal.
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