United States v. Edwin Alvarez, 914 F.2d 915 (7th Cir. 1990). · Go Syfert
United States v. Edwin Alvarez, 914 F.2d 915 (7th Cir. 1990). Cases Citing This Book View Copy Cite
66 citation events (7 in the last 25 years) across 20 distinct courts.
Strongest positive: Graves v. Commonwealth (va, 2017-10-12)
Treatment trajectory · 1991 → 2026 · click a year to view as-of
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Top citers, strongest first. 41 distinct citers. How cited ↗
discussed Cited as authority (rule) Graves v. Commonwealth
Va. · 2017 · confidence medium
Because the legal issue is the same — whether “minimum” means minimum, not maximum — they have everything in 4 See also United States v. Ortiz-García, 665 F.3d 279 , 284-85 & n.6 (1st Cir. 2011); United States v. Stewart, 628 F.3d 246, 258-59 (6th Cir. 2010); United States v. Rozier, 598 F.3d 768, 772 (11th Cir. 2010); United States v. Shabazz, 564 F.3d 280, 288-89 (3d Cir. 2009); United States v. Whitley, 529 F.3d 150, 158 (2d Cir. 2008), abrogated on other grounds by Abbott v. United States, 562 U.S. 8, 13, 24-28 (2010); United States v. Johnson, 507 F.3d 793, 798 (2d Cir. 2007); Un…
discussed Cited as authority (rule) Terra Nyree Hines v. Commonwealth of Virginia (2×)
Va. Ct. App. · 2012 · confidence medium
United States v. Ortiz-Garcia, 665 F.3d 279, 285 (1st Cir.2011); United States v. Rozier, 598 F.3d 768, 772 (11th Cir.2010); United States v. Shabazz, 564 F.3d 280, 289 (3d Cir.2009); United States v. Johnson, 507 F.3d 793, 798 (2d Cir.2007); United States v. Gamboa, 439 F.3d 796, 811 (8th Cir.2006); United States v. Dare, 425 F.3d 634, 642 (9th Cir.2005); United States v. Weems, 322 F.3d 18, 26 (1st Cir.2003); United States v. Avery, 295 F.3d 1158, 1170 (10th Cir.2002); United States v. Cristobal, 293 F.3d 134, 147 (4th Cir.2002); United States v. Harrison, 272 F.3d 220, 225-26 (4th Cir.2001)…
discussed Cited as authority (rule) United States v. Stapleton
5th Cir. · 2006 · signal: cf. · confidence medium
Cf., United States v. Rodriguez, 925 F.2d 1049, 1052-3 (7th Cir.1991) (The "ready availability” of undrawn weapons is likely to embolden offenders and place lives in jeopardy)(quoting then-Judge Kennedy, in United States v. Stewart, 119 F.2d 538, 540 (9th Cir.1985), analyzing whether conviction under 18 U.S.C. § 924 (c)(1) qualifies as a violent felony, noting that the presence of a firearm may "embolden[] an actor who had the opportunity or ability to display or discharge the weapon to protect himself or intimidate others, whether or not such display or discharge in fact occurred”) (furt…
discussed Cited as authority (rule) United States v. Perry (2×)
D.R.I. · 2005 · confidence medium
“This narrowing of the applicable range, however, does not constitute ‘multiple punishment’ for purposes of the double jeopardy clause.” United States v. Alvarez, 914 F.2d 915, 920 (7th Cir.1990).
discussed Cited as authority (rule) United States v. Oscar Gustavo Nunez-Duran, Also Known as Oscar Gustavo Duran-Nunez, Also Known as Oscar Duran
10th Cir. · 1998 · confidence medium
"Calculation under the Federal Sentencing Guidelines of the proper sentence within the statutory range established by Congress ... does not constitute multiple punishment." United States v. Alvarez, 914 F.2d 915, 920 (7th Cir.1990), superceded on other grounds by Stinson v. United States, 508 U.S. 36 , 113 S.Ct. 1913 , 123 L.Ed.2d 598 (1993); see also United States v. Saunders, 973 F.2d 1354, 1365 (7th Cir.1992); United States v. Amis, 926 F.2d 328, 329-30 (3d Cir.1991); cf. Witte v. United States, 515 U.S. 389, 399 , 115 S.Ct. 2199 , 132 L.Ed.2d 351 (1995) ("[U]se of evidence of related crimi…
discussed Cited as authority (rule) United States v. Nunez-Duran
10th Cir. · 1998 · confidence medium
“Calculation under the Federal Sentencing Guidelines of the proper sentence within the statutory range established by Congress . . . does not constitute multiple punishment.” United States v. Alvarez , 914 F.2d 915, 920 (7th Cir. 1990), superceded on other grounds by Stinson v. United States , 508 U.S. 36 (1993); see also United States v. Saunders , 973 F.2d 1354, 1365 (7th Cir. 1992); United States v. Amis , 926 F.2d 328, 329-30 (3d Cir. 1991); cf. Witte v. United States , 515 U.S. 389, 399 (1995) (“[U]se of evidence of related criminal conduct to enhance a defendant’s sentence for a …
cited Cited as authority (rule) United States v. Darryl Wayne Hall, Carl Stewart, Also Known as Pee Wee, and Kevin Ferguson
7th Cir. · 1997 · confidence medium
United States v. Saunders, 973 F.2d 1354, 1365 (7th Cir.1992); United States v. Alvarez, 914 F.2d 915, 919-20 (7th Cir.1990).
discussed Cited as authority (rule) Michael A. Pearson v. David W. Helman
7th Cir. · 1997 · confidence medium
United States v. Chapple, 942 F.2d 439, 443 (7th Cir.1991) (Posner, J., dissenting) (looking at the conduct underlying the offense to determine that the possession of a firearm by a felon was not a crime of violence in that case with the dissenting opinion agreeing that this circuit's approach is to "look at the facts of the case rather than trying to classify every crime as one of violence or not simply on the basis of the statutory elements of the crime" but noting that this approach may have been "cast into doubt" by Taylor v. United States ) 6 ; United States v. Alvarez, 914 F.2d 915, 918-…
discussed Cited as authority (rule) United States v. McQuilkin
3rd Cir. · 1996 · confidence medium
Compare John, 936 F.2d at 768 (courts may look to defendant's actual conduct); United States v. Goodman, 914 F.2d 696, 699 (5th Cir. 1990) ("When the instant offense is not one of those enumerated, . . . [the] court is permitted to look beyond the face of the indictment and consider all facts disclosed by the record"); United States v. Alvarez, 914 F.2d 915, 918 (7th Cir. 1990) (the court must look to the specific conduct of the defendant as well as the elements of the offense charged), cert. denied, 500 U.S. 934 (1991); with United States v. Gonzalez-Lopez, 911 F.2d 542, 547 (11th Cir. 1990) …
discussed Cited as authority (rule) United States v. Robert McQuilkin
3rd Cir. · 1996 · confidence medium
Compare John, 936 F.2d at 768 (courts may look to defendant’s actual conduct); United States v. Goodman, 914 F.2d 696, 699 (5th Cir.1990) (“When the instant offense is not one of those enumerated, ... [the] court is permitted to look beyond the face of the indictment and consider all facts disclosed by the record”); United States v. Alvarez, 914 F.2d 915, 918 (7th Cir.1990) (the court must look to the specific conduct of the defendant as well as the elements of the offense charged), cert. denied, 500 U.S. 934 , 111 S.Ct. 2057 , 114 L.Ed.2d 462 (1991); with United States v. Gonzalez-Lopez…
discussed Cited as authority (rule) United States v. Govan M. McAbee Also Known as Carlos G. Williams
7th Cir. · 1995 · confidence medium
See United States v. Thompson, 944 F.2d 1331, 1350 (7th Cir.1991) (holding that mandatory 5 year consecutive sentence pursuant to Sec. 924(c) is not grossly disproportionate, even in light of concomitant 30 year sentence for underlying crimes); United States v. Alvarez, 914 F.2d 915, 919 (7th Cir.1990) (rejecting disproportionality claim concerning 30 year sentence for violation of 18 U.S.C.
cited Cited as authority (rule) United States v. Anthony D. Ward
7th Cir. · 1995 · confidence medium
Cf. United States v. Coleman, 38 F.3d 856, 858 (7th Cir.1994); United States v. Alvarez, 914 F.2d 915, 917-18 (7th Cir.1990).
discussed Cited as authority (rule) United States v. Jerry F. Arnold
6th Cir. · 1995 · confidence medium
Our decision in Mad-dalena was in accord with decisions in several other circuits recognizing the authority of a sentencing court to examine the underlying facts of a defendant’s prior conviction, see, e.g., United States v. Alvarez, 914 F.2d 915, 918 (7th Cir.1990), cert. denied, 500 U.S. 934 , 111 S.Ct. 2057 , 114 L.Ed.2d 462 (1991); United States v. Goodman, 914 F.2d 696, 699 (5th Cir.1990); United States v. Williams, 892 F.2d 296, 304 (3d Cir.1989), cert. denied, 496 U.S. 939 , 110 S.Ct. 3221 , 110 L.Ed.2d 668 (1990), although this approach was not unanimously adopted, see United States …
discussed Cited as authority (rule) United States v. Bernard J. Morgano, Dominick Palermo, Nicholas Guzzino, Peter Petros, Sam Nuzzo, Jr. And Samuel Glorioso
7th Cir. · 1994 · confidence medium
Consonant with the circumscribed protection afforded by the Double Jeopardy Clause in sentencing matters, “calculation under the Federal Sentencing Guidelines of the proper sentence within the statutory range established by Congress ... does not constitute multiple punishment.” United States v. Alvarez, 914 F.2d 915, 920 (7th Cir.1990), cert. denied, 500 U.S. 934 , 111 S.Ct. 2057 , 114 L.Ed.2d 462 (1991).
discussed Cited as authority (rule) United States v. Dennis Shaw
7th Cir. · 1994 · confidence medium
E.g., Oyler v. Boles, 368 U.S. 448, 451 , 82 S.Ct. 501, 503 , 7 L.Ed.2d 446 (1962); Gryger v. Burke, 334 U.S. 728, 732 , 68 S.Ct. 1256, 1258 , 92 L.Ed. 1683 (1948); United States v. Alvarez, 914 F.2d 915, 920 (7th Cir.1990).
discussed Cited as authority (rule) United States v. Lester C. Lykes
7th Cir. · 1993 · confidence medium
United States v. McNeal, 900 F.2d 119, 123 (7th Cir.1990); United States v. Alvarez, 914 F.2d 915, 919 (7th Cir.1990), cert. denied, — U.S. -, 111 S.Ct. 2057 , 114 L.Ed.2d 462 (1991); United States v. Chapple, 942 F.2d 439, 441-42 (7th Cir.1991).
discussed Cited as authority (rule) Stinson v. United States
SCOTUS · 1993 · confidence medium
See, e.g., United States v. Williams, 892 F. 2d 296, 304 (CA3 1989), cert. denied, 496 U. S. 939 (1990); United States v. Goodman, 914 F. 2d 696, 698-699 (CA5 1990); United States v. Alvarez, 914 F. 2d 915, 917-919 (CA7 1990), cert. denied, 500 U. S. 934 (1991); United States v. Cornelius, 931 F. 2d 490, 492-493 (CA8 1991); United States v. O’Neal, 937 F. 2d 1369, 1374-1375 (CA9 1990); United States v. Walker, 930 F. 2d 789, 793-795 (CA10 1991); 943 F. 2d 1268, 1271-1273 (CA11 1991) (case below). 2 With the decision below compare, e. g., United States v. Weston, 960 F. 2d 212, 219 (CA1 1992)…
discussed Cited as authority (rule) United States v. Dan D. Lashmett
7th Cir. · 1993 · confidence medium
Solem v. Helm, 463 U.S. 277, 290-92 (1983); United States v. Alvarez, 914 F.2d 915, 919 (7th Cir.1990), cert. denied, 111 S.Ct. 2057 (1991). "[I]n non-capital felony convictions, a particular offense that falls within legislatively prescribed limits will not be considered disproportionate unless the sentencing judge has abused his discretion." United States v. Vasquez, 966 F.2d 254, 261 (7th Cir.1992).
cited Cited as authority (rule) Samuel Salas v. United States
7th Cir. · 1993 · confidence medium
United States v. Saunders, 973 F.2d 1354, 1365 (7th Cir.1992), cert. denied, 61 U.S.L.W. 3479 (1993); United States v. Alvarez, 914 F.2d 915, 920 (7th Cir.1990), cert. denied, 111 S.Ct. 2057 (1991).
discussed Cited as authority (rule) State v. Baeza (2×)
Wis. Ct. App. · 1993 · confidence medium
The Seventh Circuit Court of Appeals looks at both the elements of the offense charged and the underlying conduct when considering whether an offense is a "crime of violence" under the Career Offender Guidelines. 3 See United States v. Alvarez, 914 F.2d 915, 918 (7th Cir. 1990), cert. denied, 111 S.Ct. 2057 (1991).
discussed Cited as authority (rule) United States v. Celestino J. Lebron, Jr., and Filiberto Frias-Castro
7th Cir. · 1992 · signal: cf. · confidence medium
See Harmelin v. Michigan, 111 S.Ct. 2680, 2701 (1991) (upholding life sentence without possibility of parole for first-time felony offense of possessing 672 grams of cocaine); Cf. United States v. Alvarez, 914 F.2d 915, 920 (7th Cir.1990) (upholding a thirty-year sentence for a single count of possessing a firearm), cert. denied, 111 S.Ct. 2057 (1991). 15 For the foregoing reasons, we AFFIRM defendant Lebron and Frias-Castro's sentences as well as the district court's decision to deny defendant Lebron's motion to withdraw his guilty plea. * After a preliminary examination of the briefs, the co…
cited Cited as authority (rule) United States v. Michael Bedell
7th Cir. · 1992 · confidence medium
United States v. Alvarez, 914 F.2d 915, 918 (7th Cir.1990); United States v. Terry, 900 F.2d 1039, 1042 (7th Cir.1990).
discussed Cited as authority (rule) United States v. Aubrey Joshua
3rd Cir. · 1992 · confidence medium
United States v. Williams, 892 F.2d 296, 304 (3d Cir.1989) ("When Congress provided for 'imprisonment of not less than fifteen years [in § 924(e)(1)]/ it meant a maximum of life."), cert. denied, 496 U.S. 939 , 110 S.Ct. 3221 , 110 L.Ed.2d 668 (1990); see also United States v. Fields, 923 F.2d 358, 362 (5th Cir.), cert. denied, — U.S. —, 111 S.Ct. 2066 , 114 L.Ed.2d 470 (1991); United States v. Alvarez, 914 F.2d 915, 919 (7th Cir.1990), cert. denied, — U.S. —, 111 S.Ct. 2057 , 114 L.Ed.2d 462 (1991); United States v. Carey, 898 F.2d 642, 646 (8th *188 Cir.1990); United States v. Blann…
discussed Cited as authority (rule) United States v. Miles Davis Saunders (2×)
7th Cir. · 1992 · confidence medium
As we held in United States v. Alvarez, 914 F.2d 915, 920 (7th Cir.1990), cert. denied, — U.S. -, 111 S.Ct. 2057 , 114 L.Ed.2d 462 (1991), “[calculation under the Federal Sentencing Guidelines of the proper sentence within the statutory range established by Congress ... does not constitute multiple punishment.” Accord United States v. Amis, 926 F.2d 328, 330 (3d Cir. 1991); United States v. Sanchez-Lopez, 879 F.2d 541, 559 (9th Cir.1989).
cited Cited as authority (rule) United States v. Joseph R. Hartley
7th Cir. · 1992 · confidence medium
Solem v. Helm, 463 U.S. 277, 290-292 , 103 S.Ct. 3001, 3009-10 (1983); United States v. Alvarez, 914 F.2d 915, 919 (7th Cir.1990), cert. denied 111 S.Ct. 2057 (1991).
discussed Cited as authority (rule) United States v. Olando Johnson
4th Cir. · 1992 · confidence medium
Compare, United States v. Williams, 892 F.2d 296, 304 (3d Cir.1989), cert. denied, — U.S. -, 110 S.Ct. 3221 , 110 L.Ed.2d 668 (1990); United States v. Goodman, 914 F.2d 696, 699 (5th *113 Cir.1990); United States v. Maddalena, 893 F.2d 815, 820 (6th Cir.1989); United States v. Alvarez, 914 F.2d 915, 918 (7th Cir.1990), cert. denied, — U.S. -, 111 S.Ct. 2057 , 114 L.Ed.2d 462 (1991) (all authorizing factspecific analysis of defendants’ actions to determine whether “crime of violence” definition was satisfied), with United States v. Becker, 919 F.2d 568, 570 (9th Cir.1990), cert. denie…
discussed Cited as authority (rule) United States v. Lewis (2×)
M.D. Ga. · 1991 · confidence medium
See, e.g., United States v. Cornelius, 931 F.2d 490, 493 (8th Cir.1991) (“[C]ourts should look beyond the mere statutory elements of a crime when determining whether an offense is a crime of violence.”); United States v. Walker, 930 F.2d 789, 794-95 (10th Cir.1991) (“[T]he conduct of the defendant in the instant offense can be taken into consideration in determining whether the defendant has committed a crime of violence for the purposes of sentencing under § 4B1.1.”); United States v. Alvarez, 914 F.2d 915, 918 (7th Cir.1990) (“[I]n considering whether an offense is a ‘crime of v…
discussed Cited as authority (rule) United States v. Aloi
N.D. Ohio · 1991 · confidence medium
U.S. v. Alvarez, 914 F.2d 915, 920 (7th Cir.1990), cert. denied, — U.S. -, 111 S.Ct. 2057 , 114 L.Ed.2d 462 (1991) (citations omitted); see also U.S. v. Mack, 938 F.2d 678, 679 (6th Cir.1991) (enhanced sentence, based on prior conviction, does not violate double jeopardy).
discussed Cited as authority (rule) United States v. Phillip D. Chapple, Also Known as Bobby Davis (2×)
7th Cir. · 1991 · confidence medium
United States v. Alvarez, 914 F.2d 915, 919 (7th Cir.1990).
discussed Cited as authority (rule) United States v. Tidswell (2×) also: Cited "see"
D. Me. · 1991 · confidence medium
The more reasonable interpretation of section 4B1.4 is that the Commission intended to suggest that there are circumstances in which a convicted felon possesses a firearm, but does not commit a “crime of violence.” In sum, the Commission’s implied intent supports the conclusion reached by the overwhelming majority of the courts considering this issue: determining whether possession of a firearm by a convicted felon constitutes a “crime of violence” requires a fact-specific inquiry into the conduct charged in the indictment to assess whether that conduct “presented a serious potenti…
discussed Cited as authority (rule) United States v. Bobby Kent Walker
10th Cir. · 1991 · confidence medium
For example, conviction for an escape accomplished by force or threat of injury would be covered; conviction for an escape by stealth would not be covered. 1 See United States v. Alvarez, 914 F.2d 915, 918 (7th Cir.1990); United States v. Goodman, 914 F.2d 696, 698-99 (5th Cir.1990); United States v. McNeal, 900 F.2d 119, 122-23 (7th Cir.1990); United States v. Williams, 892 F.2d 296, 304 (3d Cir.1989), cert. denied, - U.S. -, 110 S.Ct. 3221 , 110 L.Ed.2d 668 (1990); United States v. Thompson, 891 F.2d 507, 509-10 (4th Cir.1989), ce rt. denied, - U.S. -, 110 S.Ct. 1957 , 109 L.Ed.2d 319 (1990)…
discussed Cited as authority (rule) United States v. Dennis Rodriguez
7th Cir. · 1991 · signal: cf. · confidence medium
United States v. Stewart, 779 F.2d 538, 540 (9th Cir.1985); accord United States v. Ocampo, 890 F.2d 1363, 1371 (7th Cir.1989); cf. United States v. Alvarez, 914 F.2d 915, 919 (7th Cir.1990) (“Any victim of armed robbery will attest to the fact that, fired or not, the attacker’s gun presented a substantial risk of the use of force.”). 6 .
cited Cited "see" Shawn Parsons v. Percy Pitzer
7th Cir. · 1998 · signal: see · confidence high
See United States v. Alvarez, 914 F.2d 915, 918 (7th Cir.1990).
discussed Cited "see" Parsons v. Pitzer
W.D. Wis. · 1997 · signal: see · confidence high
See United States v. Alvarez, 914 F.2d 915, 918 (7th Cir.1990) (“Despite the obvious dangers of convicted felons possessing firearms, it is quite a stretch to contend that simple possession alone constitutes a crime of violence.”).
discussed Cited "see" United States v. Scott D. Sheppard
7th Cir. · 1994 · signal: see · confidence high
See United States v. Alvarez, 914 F.2d 915, 919 (7th Cir.1990) (a thirty-year sentence for knowing possession of a firearm by a convicted felon was not grossly disproportionate and did not constitute cruel and unusual punishment in violation of the Eighth Amendment); Saunders, 973 F.2d at 1365 (a 262-month sentence for conspiracy and possession of 13 ounces of cocaine did not violate the Eighth Amendment). 16 Sheppard responds by focusing on the amount of cocaine involved in his present conviction and the value of that cocaine--.1 gram, $20.
discussed Cited "see" United States v. Terry Lajuan Wright, Harold Lee Andreu
11th Cir. · 1992 · signal: see · confidence high
See United States v. Alvarez, 914 F.2d 915, 920 (7th Cir.1990), cert. denied, - U.S. -, 111 S.Ct. 2057 , 114 L.Ed.2d 462 (1991); United States v. Williams, 892 F.2d 296, 304-05 (3d Cir.1989), cert. denied, 496 U.S. 939 , 110 S.Ct. 3221 , 110 L.Ed.2d 668 (1990).
cited Cited "see" United States v. William Jones, Jesse Owens, and Leonard Tolliver
7th Cir. · 1991 · signal: see · confidence high
See, for example, United States v. Alvarez, 914 F.2d 915, 919 (7th Cir.1990) (upholding against Eighth Amendment challenge a 30-year sentence for a convicted felon to knowingly possess a firearm).
discussed Cited "see" United States v. Paul Michael Mooneyham
9th Cir. · 1991 · signal: see · confidence high
See United States v. Alvarez, 914 F.2d 915 , 917 n. 1 (7th Cir.1990), cert. denied, — U.S. -, 111 S.Ct. 2057 , 114 L.Ed.2d 462 (1991); United States v. Havener, 905 F.2d 3, 4-8 (1st Cir.1990); United States v. Williams, 905 F.2d 217, 218 (8th Cir.1990), cert. denied, — U.S. -, 111 S.Ct. 687 , 112 L.Ed.2d 678 (1991); see also United States v. Nottingham, 898 F.2d 390, 391-92 (3d Cir.1990).
discussed Cited "see, e.g." United States v. Kwabena Osei
2d Cir. · 1997 · signal: see, e.g. · confidence medium
See, e.g., United States v. Alvarez, 914 F.2d 915, 918 (7th Cir.1990) (“The Guidelines are intended to create standardized ranges for similar crimes and to treat similarly situated defendants equally.”); U.S.S.G.
cited Cited "see, e.g." United States v. Henry Booker
7th Cir. · 1995 · signal: see also · confidence low
Id.; see also United States v. Alvarez, 914 F.2d 915 , 917 n. 1 (7th Cir.1990), ce rt. denied, 500 U.S. 934 , 111 S.Ct. 2057 , 114 L.Ed.2d 462 (1991).
discussed Cited "see, e.g." United States v. Terry Lynn Stinson (2×)
11th Cir. · 1992 · signal: see also · confidence low
See United States v. O'Neal, 937 F.2d 1369 (9th Cir.1990) (holding that offense of possession of firearm by felon is "crime of violence" within the meaning of Guidelines § 4B1.2); see also United States v. Alvarez, 914 F.2d 915 (7th Cir.1990) (applying a "facts of the case" analysis for whether or not possession of firearm by felon is crime of violence); United States v. Goodman, 914 F.2d 696 (5th Cir.1990) (same); United States v. Williams, 892 F.2d 296 (3d Cir.1989) (same).
Retrieving the full opinion text from the archive…
UNITED STATES of America, Plaintiff-Appellee,
v.
Edwin ALVAREZ, Defendant-Appellant
89-2670.
Court of Appeals for the Seventh Circuit.
Sep 27, 1990.
914 F.2d 915
1990 U.S. App. LEXIS 17163
1990 WL 139485
Michael R. Pace, Barry R. Elden, Asst. U.S. Attys., Crim. Receiving, Appellate Div., Chicago, Ill., for plaintiff-appellee., Carol A. Brook, Lauren J. Weil, Federal Defender Program, Chicago, Ill., for defendant-appellant.
Bauer, Cummings, Manion.
Cited by 53 opinions  |  Published
BAUER, Chief Judge.

This case presents a series of challenges to the application of Federal Sentencing Guideline § 4B1.1, the Career Offender Guideline. Under this provision, certain defendants with multiple past convictions who now face sentencing for a “crime of violence” or a “controlled substance offense” incur significantly enhanced sentences. Defendant Edwin Alvarez was convicted of a single violation of 18 U.S.C. § 922(g)(1), the statute making it a federal crime for a convicted felon to knowingly possess a firearm. Due to the circumstances of his crime and his lengthy criminal history, Alvarez was sentenced, pursuant to the Federal Sentencing Guidelines, to 30 years in prison without possibility of parole. Alvarez appeals, contending that the district court improperly considered the specific facts of his case rather than the general elements of § 922(g) in determining that he had committed a “crime of violence” for purposes of Guideline § 4B1.1. Beyond this, Alvarez contends that § 4B1.1 as applied constitutes both “cruel and unusual punishment” for purposes of the eighth amendment and a violation of the double jeopardy clause of the fifth amendment. Because we believe the district court’s sentence is proper under the Guidelines and that no constitutional violation occurred, we affirm.

I. Background

Shortly after midnight on the morning of April 2, 1988, Chicago police officers David Kohn and Clark Mikes, working as part of the Gang Crimes Investigation West unit, approached a group of men drinking beer on the corner of Cullerton and Hoyne on Chicago’s west side. The officers, who had already told this group to disperse half an hour ago, informed the men that they were now under arrest for drinking in public, and to stand against the wall of the building behind them. Most of the group complied. One man, Edwin Alvarez, did not. Instead, he began walking west on Culler-ton away from the officers. Officer Kohn told Alvarez again that he was under arrest and to stand against the wall. This time, Alvarez complied.

Alvarez tried to distract Officer Kohn by telling him someone with a gun was behind him. Undistracted, Kohn led Alvarez to the building and placed him against the wall with the others. When Kohn began to search Alvarez, the defendant again told Kohn that a man with a gun was standing behind him. This time, Kohn looked behind him. No one was there. When Kohn spun back around he saw Alvarez pulling a gun from his pants pocket. Kohn struggled with Alvarez, wrestled the gun — a fully-loaded, .25-caliber semiautomatic handgun — away from him and pinned him against the building. In the brief struggle, Kohn injured his finger on the hammer of the gun.

Following Alvarez’ arrest, the authorities discovered that he had been convicted of seven prior felonies. Thus, he was charged in the Northern District of Illinois under 18 U.S.C. § 922(g)(1) as a convicted felon in knowing possession of a firearm. On December 8, 1988, Alvarez was tried by a jury which found him guilty of this charge.

Alvarez was sentenced by Judge Ann C. Williams on July 26, 1989. Because Alvarez had a criminal history of at least three violent criminal convictions, he faced a mandatory minimum sentence of 15 years and a maximum sentence of life in prison under § 924(e)(2)(B)(ii). Alvarez’ actual[*917] sentence, however, was to be determined under the Federal Sentencing Guidelines.

A felon convicted for possession of a handgun under § 922(g) faced a base offense level of 9 under Guideline § 2K2.1. This relatively low offense level is augmented by application of § 4B1.1, the Career Offender Guideline. The court determined that Alvarez was eligible for sentencing under this enhancement provision, as he had committed a “crime of violence” and had multiple prior convictions. Thus, because his crime of conviction carried a maximum sentence of life in prison, his base offense level was calculated at 37. Because the terms of § 4B1.1 also mandate that a defendant who qualifies under this provision is considered to have the maximum criminal history category, level VI, Judge Williams determined that Alvarez’ sentencing range extended from 360 months to life imprisonment. Judge Williams then sentenced Alvarez to 30 years in prison without parole. Alvarez filed a timely notice of appeal.

II. Discussion

Apparently, Alvarez would be content with the mandatory minimum 15-year sentence required by § 924(e). He objects, however, to the 30-year sentence imposed under § 4B1.1. Thus, he raises several attacks to the use of § 4B1.1 in determining his sentence. Primarily, he contends that the court erroneously characterized his crime, possession of a firearm by a convicted felon, as a “crime of violence” for purposes of the Sentencing Guidelines. Beyond this, Alvarez argues that the 30-year sentence imposed by the court through this particular application of the Guidelines constitutes cruel and unusual punishment in violation of the eighth amendment. Alvarez also contends that the Career Offender Guideline violates the double jeopardy clause of the fifth amendment. We will consider each of these several objections in turn.

Section 4B1.1 of the Guidelines provides for significant enhancement of the defendant’s sentence if the defendant qualifies as a “Career Offender.” The section states:

A defendant is a career offender if 1) the defendant was at least 18 years old at the time of the instant offense, 2) the instant offense of conviction is a felony that is either a crime of violence or a controlled substance offense, and 3) the defendant has at least two prior felony convictions of either a crime of violence or a controlled substance offense.

At the time of Alvarez’ sentencing, a “crime of violence” was defined under § 4B1.2(1), which in turn referred to 18 U.S.C. § 16. [1] Under 18 U.S.C. § 16, a “crime of violence” is defined as:

(a) an offense that has as an element the use, attempted use, or threatened use of physical force against the person or property of another, or
(b) any other offense that is a felony and that, by its nature, involves a substantial risk that physical force against the person or property of another may be used in the course of committing the offense.

Alvarez contends that mere possession of a handgun does not involve the use, attempted use or threatened use of force, nor does it by its nature involve a substantial risk of such force, and therefore it cannot be considered a “crime of violence” for purposes of the Career Criminal Offender Guideline. The government argues that Alvarez’ actions and the circumstances of his crime— the deception of the police, reaching for the gun, the struggle with Officer Kohn, and Kohn’s injury — involve the use of force and therefore § 4B1.1 was applicable.

Thus, we arrive at the crux of the dispute. In determining whether an offense is a “crime of violence” for purposes of the Sentencing Guidelines, do we look only to the elements of the offense as charged or do we also consider the conduct[*918] of the defendant at the time of the offense? If we looked only to the elements of the crime, the case for application of the Career Offender Guideline would be rather lean. Despite the obvious dangers of convicted felons possessing firearms, it is quite a stretch to contend that simple possession alone constitutes a crime of violence. Nevertheless, some district courts have accepted this argument. See United States v. Phillips, 732 F.Supp. 255, 262-63 (D.Mass.1990); United States v. Johnson, 704 F.Supp. 1398, 1403 (E.D.Mich.1988); United States v. Jones, 651 F.Supp. 1309, 1310 (E.D.Mich.1987). Recently, however, we held that in considering whether an offense is a “crime of violence” for purposes of the Career Offender Guideline, we must look to the underlying conduct as well as the elements of the offense as charged. See United States v. McNeal, 900 F.2d 119, 122-23 (7th Cir.1990). [2] In reaching this conclusion, we considered both the commentary to the Guidelines and subsequent decisions from other circuits.

As we noted in McNeal, Application Note 1 to § 4B1.2 provides [3] :

The Commission interprets [a crime of violence] as follows: murder, manslaughter, kidnapping, aggravated assault, extortionate extension of credit, forcible sex offenses, arson or robbery are covered by this provision. Other offenses are covered only if the conduct for which the defendant was specifically convicted meets the above definition. For example, conviction for an escape accomplished by force or threat of injury would be covered; conviction for an escape by stealth would not be covered....

(Emphasis added.) Thus, the Application Notes suggest that the sentencing court review not only the elements of the offense as charged, but also the specific conduct of the defendant as well. As we have noted before, these Application Notes are entitled to substantial weight in interpreting the Guidelines. See United States v. White, 888 F.2d 490, 497 (7th Cir.1990); United States v. Pinto, 875 F.2d 143, 144 (7th Cir.1989). Further, other circuits have looked to the conduct underlying the specific offense in applying § 4B1.1. See, e.g., United States v. Williams, 892 F.2d 296, 304 (3d Cir.1989).

Alvarez contends that allowing such consideration of the underlying conduct would undermine the Guidelines. We disagree. The Guidelines are intended to create standardized ranges for similar crimes and to treat similarly situated defendants equally. They are not, however, rigid rules that entirely deprive the district court of its discretionary function in applying sentences. For instance, § 1B1.3 provides that “[cjonduct which is not formally charged or is not an element of the offense of conviction may enter into a determination of the applicable sentencing range.” Thus, in United States v. Terry, 900 F.2d 1039 (7th Cir.1990), this court held that a sentencing judge may even consider the conduct of the defendant during prior convictions for purposes of applying § 4B1.1. Given that the district court has heard the evidence and assessed the facts involved with the instant conviction, consideration of the facts underlying that conviction is even more reasonable when determining whether the offense is a “crime of violence.”

In McNeal, we upheld the district court’s determination that a defendant convicted of being a felon in possession of a handgun in violation of 18 U.S.C. § 922(g), who had fired the gun during the offense, had committed a crime of violence for purposes of § 4B1.1. See 900 F.2d at 123. See also Williams, 892 F.2d at 304. Alvarez did not fire the gun during this offense. Thus, we do not have the same clear-cut case of force as in McNeal. Nevertheless, the facts of Alvarez’ case do demonstrate use of physical force sufficient to constitute a[*919] “crime of violence.” The findings of the district court on this question are factual and will not be overturned unless clearly erroneous. See United States v. Durrive, 902 F.2d 1221 (7th Cir.1990). There is a wide expanse of possibilities that fall between firing a gun and merely possessing one. Some of these involve a substantial threat of force; others do not. Any victim of armed robbery will attest to the fact that, fired or not, the attacker’s gun presented a substantial risk of the use of force. Had Alvarez simply surrendered to Officer Kohn, or even attempted to flee unsuccessfully when informed that he was under arrest, this would be another case entirely. Instead, we are faced with a defendant who struggled with a police officer over a loaded, semi-automatic weapon and managed to injure the officer in the altercation. This conduct involved force, danger and violence. The district court, therefore, did not err by applying § 4B1.1 in determining Alvarez’ sentence.

Alvarez’ remaining contentions are constitutional challenges to the Guidelines, which this court has long before considered and rejected in other cases. Specifically, Alvarez asserts that § 4B1.1 constitutes “cruel and unusual” punishment in violation of the eighth amendment and also violates the double jeopardy clause of the fifth amendment. Both claims are meritless.

The Supreme Court set forth our standard of review for eighth amendment claims in Solem v. Helm, 463 U.S. 277, 290-92, 103 S.Ct. 3001, 3009-10, 77 L.Ed.2d 637 (1983). Under Solem, a sentence will not be overturned for purposes of the eighth amendment unless it is grossly disproportionate to the crime of conviction. As the Court stated:

[A] court’s proportionality analysis under the Eighth Amendment should be guided by objective criteria, including (i) the gravity of the offense and the harshness of the penalty; (ii) the sentences imposed on other criminals in the same jurisdiction and (iii) the sentences imposed for commission of the same crime in other jurisdictions.

463 U.S. at 292, 103 S.Ct. at 3011. This standard is narrowed to a large degree by our own recognition that invalidation for disproportionality should be rare. See United States v. George, 891 F.2d 140, 144 (7th Cir.1989); United States v. Kimberlin, 781 F.2d 1247, 1258 (7th Cir.1985).

Although Alvarez contends that a 30-year sentence is too harsh for his crime, he does not provide any cases which support his theory. Indeed, such support would be hard to come by. Section 924(e), the provision creating penalties for violations of § 922(g), authorizes a sentence from 15 years to life. Congress clearly considered firearms in the hands of historically violent criminals to be a grave crime and intended to deal harshly with such offenders. Alvarez’ sentence was within the statutory maximum established by Congress. This court has upheld the imposition of a life sentence for possession of a handgun by a felon convicted of three violent crimes. See United States v. Jackson, 835 F.2d 1195 (7th Cir.1987) (sentence under 18 U.S.C. § 1202). Moreover, attacks upon the severity of sentences within the statutory range for repeat offenders under §§ 922(g) and 924(e) have been regularly rejected by this court and other jurisdictions. See United States v. Sanchez, 859 F.2d 483, 486 (7th Cir.1988) (“No court has so much as hinted that 15 years in jail for possession of a deadly weapon by a person with multiple convictions for violent felonies ... is impermissible.”). See also United States v. Gallman, 907 F.2d 639 (7th Cir.1990); United States v. Dombrowski, 877 F.2d 520 (7th Cir.1989); United States v. Gilliard, 847 F.2d 21 (1st Cir.1988); United States v. Gourley, 835 F.2d 249 (10th Cir.1987). A 30-year sentence is not disproportionate to Alvarez’ crime and his eighth amendment challenge must therefore fail.

Finally, Alvarez contends that § 4B1.1 violated his rights under the double jeopardy clause. Specifically, Alvarez argues that the imposition of the 30-year to life sentence under § 4B1.1 on top of the mandatory 15-year sentence under § 924(e) constitutes multiple punishments for the same crime — possession of a fire[*920] arm. This argument badly misunderstands both the penalties under § 924(e) and the relationship between the Sentencing Guidelines and the double jeopardy clause.

The double jeopardy clause protects defendants against “a second prosecution for the same offense ... [and] against multiple punishments for the same offense.” North Carolina v. Pearce, 395 U.S. 711, 717, 89 S.Ct. 2072, 2076, 23 L.Ed.2d 656 (1968). See also United States v. Garrett, 903 F.2d 1105, 1113-15 (7th Cir.1990). Calculation under the Federal Sentencing Guidelines of the proper sentence within the statutory range established by Congress, however, does not constitute multiple punishment. As we have noted, although the Guidelines seek to achieve a greater uniformity in sentencing for federal crimes, they do not alter the statutory ranges established by Congress. See United States v. Salva, 894 F.2d 225, 230 (7th Cir.1990), (citing Breyer, The Federal Sentencing Guildelines and the Key Compromises Upon Which They Rest, 17 Hofstra L.Rev. 1, 4-5 (1988)). The statutory range for Alvarez’ crime of conviction, possession of a firearm by a convicted felon, carried, as a result of his criminal history, a statutory range of 15 years to life imprisonment. See 18 U.S.C. § 924(e). Under the Guidelines, when the violent nature of the offense of conviction was taken into consideration, the resulting sentencing range was narrowed to 30-years to life. This narrowing of the applicable range, however, does not constitute “multiple punishment” for purposes of the double jeopardy clause. See, e.g., Williams, 892 F.2d at 304-05. In Williams, the Third Circuit faced a similar challenge to application of § 4B1.1 in sentencing a defendant with a history of violent crime for possession of a firearm. The Third Circuit noted, “Since the Guideline range and the sentence imposed are well within the range authorized by the statute, there is no double punishment: only a single substantial punishment for a violent offense committed by a recidivist.” 892 F.2d at 305.

Here, the narrowing of Alvarez’ sentencing range stems from the fact that the crime of conviction involved violence. If the gun was found on the seat of his car, or during a pat-down search, we might well have a different case altogether. See United States v. Lewis, 910 F.2d 1367 (7th Cir.1990). Instead, we must consider a situation in which Alvarez used force in the commission of his crime, thus qualifying under § 4B1.1 for further enhancement. Congress has intended for violent felons who continue to practice violent crime to face harsh penalties. The Commentary to § 5G1.1 of the Guidelines provides: “The sentence imposed should be consistent with the statute but as close as possible to the guidelines.” [4] The statute here creates a range between 15 years and life. § 924(e). The Guidelines narrow that range to 30 years to life in consideration of the continuing pattern of violence in the defendant’s criminal career. This narrowing does not contradict Congressional intent, nor does it implicate the double jeopardy clause. [5]

[*921] III. Conclusion

In determining whether a defendant has committed a “crime of violence” for purposes of Guideline § 4B1.1, a sentencing court may consider the underlying conduct of the defendant during the commission of the offense of conviction. Here, the district court properly concluded that because Alvarez’ conduct involved the use of force, he had committed a “crime of violence” and his sentence was properly enhanced under § 4B1.1. In applying the Guidelines in this manner, neither the eighth amendment prohibition against cruel and unusual punishment nor the fifth amendment double jeopardy clause was violated. Alvarez’ sentence of 360 months imprisonment without possibility of parole is, therefore,

Affirmed.

1

. The Career Offender Guideline was amended effective November 1, 1989. As Alvarez was sentenced prior to that date, the amendments do not effect our analysis. The amendments do not apply retroactively. See United States v. Havener, 905 F.2d 3 (1st Cir.1990) (amendments to Career Offender guideline were substantive, not mere clarification, and thus should not be retroactively applied).

2

. In McNeal, we expressly reserved the question of whether mere possession of a firearm by a convicted felon constitutes conduct sufficient to qualify as a "crime of violence” under § 4B1.1. 900 F.2d at 123. Because the conduct here involves the use of force, we again do not reach the question of mere possession; however, we note the difficulties inherent in such an argument.

3

. Like the Guideline section itself, this Application Note has been amended.

4

. We also note that Alvarez’ contention that the statutory minimum rather than the guideline minimum should be applied is unfounded. Alvarez arrives at his mistaken conclusion by calculating his sentence under the Guidelines, using the penalty for a simple violation of § 922(g) rather than violation by a repeat offender under § 924(e). Using this flawed reasoning, he calculates his sentence under the Guidelines at less than the statutory minimum of 15 years required by § 924(e). Thus, since a conflict between the statute and the Guidelines must be resolved in favor of the statute, § 5Gl.l(b), he concludes that a 15-year sentence is mandated. Section 922(g), however, contains no penalty provisions. The proper sentence under the statute must be determined by reference to § 924. The proper range under § 924(e), the sentencing provision for Alvarez’ predicate crime, is 15 years to life in prison. Thus, the sentence imposed by the district court is within the statutory range and no conflict exists.

5

. Alvarez’ reliance on Simpson v. United States, 435 U.S. 6, 98 S.Ct. 909, 55 L.Ed.2d 70 (1978), is also unavailing. In that case, the defendant was convicted and sentenced both for bank robbery and for using a firearm in the commission of a felony. The Supreme Court held that the enhancement of the penalty for bank robbery by considering the use of the gun and the imposition of a separate consecutive sentence for the use of the firearm amounted to multiple punishment and was impermissible as it exceeded the maximum allowable sentence. Id. at 12-15, 98 S.Ct. at 913-14. The use of the career offender[*921] provision challenged by Alvarez does not result in a sentence which exceeds the statutory maximum for a violation of § 922(g), nor are two separate offenses involved in this conviction. Thus, no double jeopardy violation as contemplated in Simpson occurred. Cf. Garrett, 903 F.2d at 1114 n. 12; United States v. Sanckez-Lopez, 879 F.2d 541, 558-60 (9th Cir.1989).