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U.S. v. DELANEY

No. 04-50128.

427 F.3d 1224 (2005)

UNITED STATES of America, Plaintiff-Appellee, v. Daniel Luis DELANEY, Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

Filed November 7, 2005.

Attorney(s) appearing for the Case

Benjamin N. Gluck, Bird, Marella, Boxer, Wolpert, Nessim, Drooks & Lincenberg, Los Angeles, CA, for the defendant-appellant.

Matthew D. Umhofer, Assistant United States Attorney, Los Angeles, CA, for the plaintiff-appellee.

Before HUG, PREGERSON, and CLIFTON, Circuit Judges.

PREGERSON, Circuit Judge.

On March 31, 2003, Defendant Daniel Luis Delaney robbed a branch of the Wells Fargo Bank in Anaheim Hills, California. On June 19, 2003, Delaney was convicted of bank robbery in violation of 18 U.S.C. § 2113(a). The Probation Office's Presentence Report recommended that Delaney be sentenced as a "career offender" under U.S.S.G. § 4B1.1(a)1 because (1) he was at least eighteen years old at the time he...

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