U.S. v. WATERS

No. 10-50256.

648 F.3d 1114 (2011)

UNITED STATES of America, Plaintiff-Appellee, v. Geary Wayne WATERS, Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

Filed August 19, 2011.


Attorney(s) appearing for the Case

Sean K. Kennedy , Federal Public Defender and Carlton F. Gunn (argued), Deputy Federal Public Defender, Los Angeles, CA, for the defendant-appellant.

André Birotte Jr. , United States Attorney, Robert E. Dugdale and Rosalind Wang (argued), Assistant U.S. Attorneys, Los Angeles, CA, for the plaintiff-appellee.

Before: HARRY PREGERSON, RAYMOND C. FISHER and MARSHA S. BERZON, Circuit Judges.


OPINION

FISHER, Circuit Judge:

We hold that, when determining a sentencing range under U.S. Sentencing Guidelines Manual (U.S.S.G.) § 1B1.10(b), a district court may apply the offense level dictated by the career offender guideline, U.S.S.G. § 4B1.1, even if the district court did not apply the § 4B1.1 offense level at the defendant's original sentencing, so long as the court determined at the original sentencing that the defendant was a career...

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