U.S. Court of Appeals for the Ninth Circuit, 2010

United States v. Jeffrey Banker

United States v. Jeffrey Banker
U.S. Court of Appeals for the Ninth Circuit · Decided June 18, 2010 · Canby, Thomas, Fletcher
384 F. App'x 638

United States v. Jeffrey Banker

Opinion

MEMORANDUM **

Jeffrey Ronald Banker appeals from the 125-month sentence imposed upon resen-tencing. We have jurisdiction under 28 U.S.C. § 1291, and we affirm.

*639 Banker contends the district court erred by sentencing him as a career offender because his bank robbery conviction for the instant offense and other prior convictions were all part of a common course of conduct. The district court properly classified Banker as a career offender because Banker’s prior qualifying convictions are factually and temporally distinct from his bank robbery conviction. See U.S.S.G. § 4Bl.l(a)(3); see also United States v. Gallegos-Gonzalez, 3 F.3d 325, 328 (9th Cir. 1993) (appellant’s classification as a career offender under section 4B1.1 was proper).

AFFIRMED.

**

This disposition is not appropriate for publication and is not precedent except as provided by 9th Cir. R. 36-3.

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