United States v. Rivers

MEMORANDUM AND ORDER

SMALKIN, District Judge.

This criminal case is pending on the defendant’s motion for a factual determination of career offender status. No ore tenus hearing is necessary.

The defendant is pending sentencing on a bank robbery charge. In compiling the pre-sentence report, the probation officer identified two prior offenses that would seemingly qualify the defendant for career offender status pursuant to U.S. Sentencing Guideline § 4B1.1. There is no dispute that these two prior convictions are valid convictions that involve crimes of violence. The only question is whether they…