United States v. Bankston

TJOFLAT, Circuit Judge:

Under the United States Sentencing Commission guidelines, a convicted defendant is a “career offender” if, among other things, “the defendant has at least two prior felony convictions of either a crime of violence or a controlled substance offense.” U.S.S.G. § 4B1.1 (Nov. 1, 1994). The question this appeal presents is whether a felony conviction for a crime of violence that is based on a plea of “guilty but mentally ill” (“GBMI”) under O.C.G.A. § 17-7-131 (1986) qualifies as a conviction within the meaning of section 4B1.1. We conclude that it does.

I

A

On May 4, 1995,…