from the United States District Court for the Northern
District of Texas
JOLLY, HIGGINBOTHAM, and PRADO, Circuit Judges.
C. PRADO, Circuit Judge
case involves a consolidated criminal appeal in which David
Lee Brewer and William Eugene Boyd (collectively, "the
Appellants") each pleaded guilty pursuant to a plea
agreement to one count of bank robbery. The Appellants were
sentenced as career offenders in separate proceedings. The
Appellants both objected to application of the
career-offender enhancement during sentencing. The district
court in both cases overruled this objection, and Brewer and
Boyd now appeal. Because federal bank robbery qualifies as a
crime of violence under § 4B1.2(a)(1), we AFFIRM.
FACTUAL AND PROCEDURAL BACKGROUND
case is a consolidated direct appeal of two criminal cases
involving federal bank robbery. A brief summary of the facts
of each Appellant's case follows.
David Lee Brewer
December 17, 2014, David Lee Brewer robbed a bank in Lubbock,
Texas. In January 2015, Brewer was indicted on one count of
federal bank robbery in violation of 18 U.S.C. § 2113(a)
and in May of that year he pleaded guilty. In its presentence
report ("PSR"), the Probation Office applied the
career-offender enhancement under U.S.S.G § 4B1.1
because it concluded that the instant offense was a
"crime of violence" and that Brewer had two prior
felony convictions that were either crimes of violence or
controlled substance offenses. This initially raised
Brewer's offense level from 24 to 32 and also raised Brewer's criminal
history category from IV to VI.
filed written objections to the PSR's application of the
career-offender Guidelines enhancement. He raised the same
objections later during the sentencing hearing. The district
judge ultimately overruled Brewer's objections and
accepted the PSR's recommendation of a sentencing range
between 151 and 188 months. The district judge subsequently
sentenced Brewer at the top of that range.
William Eugene Boyd
Brewer, William Eugene Boyd was indicted under 18 U.S.C.
§ 2113(a) for federal bank robbery and pleaded guilty.
The Probation Office classified Boyd as a career offender
based on its conclusion that federal bank robbery is a
"crime of violence" under U.S.S.G. § 4B1.2.
This enhancement raised Boyd's adjusted offense level to
32 and his criminal history category from IV to VI.
made the same objections as Brewer to the application of the
career-offender enhancement-both in writing and during
sentencing. Thereafter, the district court overruled
Boyd's objections, applied the career-offender
enhancement, calculated an advisory Guidelines range of 151
to 188 months, and imposed a within-range sentence.
Brewer and Boyd timely appealed application of the
career-offender enhancement to federal bank robbery.