U.S. v. McCLENTON

No. 94-1632.

53 F.3d 584 (1995)

UNITED STATES of America, Appellant v. Michael McCLENTON.

United States Court of Appeals, Third Circuit.

Decided April 14, 1995.


Attorney(s) appearing for the Case

Michael R. Stiles, Walter S. Batty, Jr., Robert A. Zauzmer, Maureen Barden, Office of U.S. Atty., Philadelphia, PA, for appellant.

Louis T. Savino, Jr., Louis T. Savino & Associates, Philadelphia, PA, for appellee.

Before: MANSMANN, COWEN and LEWIS, Circuit Judges.


Submitted under Third Circuit LAR 34.1(a) March 30, 1995.

OPINION OF THE COURT

MANSMANN, Circuit Judges.

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...

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