United States v. Fernandez
Court of Appeals for the First Circuit
1Opinion of the Court
McAULIFFE, District Judge.
Martin Fernández pled guilty to an unarmed bank robbery charge in February of 1996. See 18 U.S.C. § 2133(a). The district judge (Young, J.), confronted with Fernández’ criminal history, found him to be a career offender and sentenced him accordingly. See U.S.S.G. § 4B1.1.
On appeal Fernández challenges his sentence, arguing that he did not qualify as a career offender under the sentencing guidelines. He says the district court’s contrary finding was legally incorrect for at least two reasons: (1) the district judge erred when he concluded that the Massachusetts crime…
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