United States v. Harper, No. 16-3907 (8th Cir. 2017)
Annotate this CaseThe Eighth Circuit affirmed defendant's 188 month sentence after he pleaded guilty to one count of bank robbery. The court held that the district court did not abuse its discretion by concluding that defendant was a career offender under USSG 4B1.1(a), and that he was subject to enhanced punishment under that section of the advisory sentencing guidelines. In this case, defendant's current conviction and two prior convictions for bank robbery were crimes of violence under the force clause of USSG 4B1.2(a)(1).
Court Description: Colloton, Author, with Smith, Chief Judge, and Kelly, Circuit Judge] Criminal case - Sentencing. Robbery by intimidation under 18 U.S.C. Sec. 2113(a) qualifies as a crime of violence under the force clause of Guidelines Sec. 4B1.2(a)(1) because it involves the threatened use of force, and the district court properly ruled defendant qualified as a career offender for purposes of Guidelines Sec. 4B1.1(a). [ August 22, 2017
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