United States v. Reyes

Defendant-Appellant Raul Reyes pleaded guilty to one count of bank robbery in violation of 18 U.S.C. § 2113. The district court sentenced Reyes as a “career offender” under United States Sentencing Guideline (“U.S.S.G.” or “Guidelines”) § 4Bl.l(a). In doing so, however, the district court adopted inconsistent findings in the Probation Department’s Presentence Report (“PSR”) regarding Reyes’s prior convictions. This case raises an issue of first impression in our Circuit — whether a district court may rely on a PSR’s description of a defendant’s pre-arrest conduct that culminated in a prior…