United States v. Jeffrey Banker , 384 F. App'x 638 ( 2010 )

FILED
NOT FOR PUBLICATION JUN 18 2010
MOLLY C. DWYER, CLERK
UNITED STATES COURT OF APPEALS U .S. C O U R T OF APPE ALS
FOR THE NINTH CIRCUIT
UNITED STATES OF AMERICA, No. 09-30380
Plaintiff - Appellee, D.C. No. 6:02-cr-60027-MRH
v.
JEFFREY RONALD BANKER, MEMORANDUM *
Defendant - Appellant.
Appeal from the United States District Court
for the District of Oregon
Michael R. Hogan, District Judge, Presiding
Submitted May 25, 2010 **
Before: CANBY, THOMAS, and W. FLETCHER, Circuit Judges.
Jeffrey Ronald Banker appeals from the 125-month sentence imposed upon
resentencing. We have jurisdiction under 28 U.S.C. § 1291, and we affirm.
Banker contends the district court erred by sentencing him as a career
*
This disposition is not appropriate for publication and is not precedent
except as provided by 9th Cir. R. 36-3.
**
The panel unanimously concludes this case is suitable for decision
without oral argument. See Fed. R. App. P. 34(a)(2).
offender because his bank robbery conviction for the instant offense and other
prior convictions were all part of a common course of conduct. The district court
properly classified Banker as a career offender because Banker’s prior qualifying
convictions are factually and temporally distinct from his bank robbery conviction.
See U.S.S.G. § 4B1.1(a)(3); see also United States v. Gallegos-Gonzalez,
3 F.3d 325, 328 (9th Cir. 1993) (appellant’s classification as a career offender
under section 4B1.1 was proper).
AFFIRMED.
2 09-30380