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U.S. v. SHERMAN

No. 89-50552.

928 F.2d 324 (1991)

UNITED STATES of America, Plaintiff-Appellee, v. David Frederick SHERMAN, Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

Submission Deferred October 9, 1990.

Resubmitted October 31, 1990.

Decided March 18, 1991.

Attorney(s) appearing for the Case

Kevin R. Brehm, Deputy Federal Public Defender, Los Angeles, Cal., for defendant-appellant.

Robert R. Calo, Asst. U.S. Atty., Los Angeles, Cal., for plaintiff-appellee.

Before BOOCHEVER, BEEZER and TROTT, Circuit Judges.

BOOCHEVER, Circuit Judge:

OVERVIEW

David Frederick Sherman pled guilty to five counts of bank robbery and attempted bank robbery. His sentence was adjusted under the career offender provisions of the Sentencing Guidelines for having two prior convictions for crimes of violence. He appeals this adjustment, arguing that the district judge erred in determining that a prior state conviction for "burglary in the first degree using a firearm" was a crime of violence...

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