United States v. Michael McClenton

OPINION OF THE COURT

MANSMANN, Circuit Judge.

The government asks us to decide whether a hotel guest room constitutes a “dwelling,” and therefore, whether a burglary of a hotel guest room may be considered a crime of violence for purposes of applying the career offender provision of the Sentencing Guidelines. Because the district court ruled that burglary of a hotel room was not the equivalent of burglary of a dwelling, McClenton was not sentenced as a career offender.

We hold that a hotel guest room, the sole purpose of which is to provide temporary lodging arid a place to sleep, constitutes' a…