U.S. v. BANKSTON

No. 95-8973.

121 F.3d 1411 (1997)

UNITED STATES of America, Plaintiff-Appellee, v. Sharke Fernando BANKSTON, Defendant-Appellant.

United States Court of Appeals, Eleventh Circuit.

September 4, 1997.


Attorney(s) appearing for the Case

Jimmy Hardy, Federal Defender Program, Inc., Atlanta, GA, for Defendant-Appellant.

James Ronald Harper, Asst. U.S. Atty., Atlanta, GA, for Plaintiff-Appellee.

Before HATCHETT, Chief Judge, TJOFLAT, Circuit Judge, and CLARK, Senior Circuit Judge.


TJOFLAT, Circuit Judge:

Under the United States Sentencing Commission guidelines, a convicted defendant is a "career offender" if, among other things, "the defendant has at least two prior felony convictions of either a crime of violence or a controlled substance offense." U.S.S.G. § 4B1.1 (Nov. 1, 1994). The question this appeal presents is whether a felony conviction for a crime of violence that is based on a plea of "guilty but mentally ill" ("GBMI") under...

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