United States v. Gregory Robert Rivers

CHAPMAN, Circuit Judge:

This is an appeal by the United States from a finding made by the sentencing court that Gregory Rivers’ two prior armed robbery convictions had been consolidated and merged into one offense for the purposes of the United States Sentencing Guidelines, and that for sentencing on his present offenses — two bank robberies — he was not a “career offender” under U.S.S.G. § 4B1.1. 1 733 F.Supp. 1003. This finding by the sentencing judge is clearly erroneous, so we vacate the sentence. Normally, we would remand for resentencing under the appropriate guideline, but under the…