United States v. Michael Anthony Hidalgo

TANNER, District Judge:

Michael Anthony Hidalgo appeals his sentence under the sentencing guidelines, after a guilty plea, for unarmed bank robbery in violation of 18 U.S.C. § 2113(a). He argues that the district court erred by including a 1977 robbery conviction and then determining that he was a career offender pursuant to U.S.S.G. § 4B1.1 et seq. 1 We have jurisdiction over this timely appeal pursuant to 28 U.S.C. § 1291. We reverse and remand to the district court for resentencing.

I

On May 2, 1989, an indictment was filed which charged Hidalgo with four counts of unarmed bank robbery in…