United States v. Melvin

Anthony Wade Melvin pled guilty to bank robbery in violation of 18 U.S.C. § 2113(a) (2000) and was sentenced to 151 months’ imprisonment. On appeal, Melvin asserts the district court erred when it concluded he was a career offender under U.S. Sentencing Guidelines Manual § 4B1.1. Melvin also argues that the court violated the Sixth Amendment under United States v. Booker, — U.S. -, 125 S.Ct. 738, 160 L.Ed.2d 621 (2005); in the alternative, he argues that the court erred by applying the sentencing guidelines as mandatory. We vacate his sentence and remand for resentencing.

This court reviews a…