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U.S. v. BENNETT

No. 96-5091.

108 F.3d 1315 (1997)

UNITED STATES of America, Plaintiff-Appellee, v. Clanton T. BENNETT, Defendant-Appellant.

United States Court of Appeals, Tenth Circuit.

March 18, 1997.

Attorney(s) appearing for the Case

Thomas Scott Woodward, First Assistant United States Attorney (Stephen C. Lewis, United States Attorney, Northern District of Oklahoma with him on the brief), Tulsa, Oklahoma for Plaintiff-Appellee.

Stephen J. Greubel, Assistant Federal Public Defender (Stephen J. Knorr, Federal Public Defender, Northern District of Oklahoma with him on the brief), Tulsa, Oklahoma for Defendant-Appellant.

Before PORFILIO, McWILLIAMS, and HENRY, Circuit Judges.

HENRY, Circuit Judge.

Defendant Clanton T. Bennett appeals the district court's determination that he was a "career offender" for purposes of sentencing enhancement. Because it was unclear that Mr. Bennett's prior conviction for second-degree burglary was for a "crime of violence," the sentence must be vacated, and the case remanded for resentencing.

I. BACKGROUND

After pleading guilty to a single count of bank robbery under 18 U.S.C. § 2113...

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