United States v. Andrew Lee Young, 990 F.2d 469 (9th Cir. 1993). · Go Syfert
United States v. Andrew Lee Young, 990 F.2d 469 (9th Cir. 1993). Cases Citing This Book View Copy Cite
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cited 3× by 3 distinct cases, last quoted 1998 · 2 courts · …a serious potential risk of physical injury to another. at p. 472 ✓
112 citation events (42 in the last 25 years) across 11 distinct courts.
Strongest positive: United States v. Rodriguez-Jaimes (ca5, 2007-03-09)
Treatment trajectory · 1993 → 2026 · click a year to view as-of
1993 2009 2026
Top citers, strongest first. 50 distinct citers. How cited ↗
examined Cited as authority (verbatim quote) United States v. Rodriguez-Jaimes (2×) also: Cited as authority (rule)
5th Cir. · 2007 · quote attribution · 1 verbatim quote · confidence high
the confines of prison preclude any recreational uses for a deadly weapon and render its possession a serious threat to the safety of others. by its nature, therefore, the possession of a deadly weapon by a prison inmate presents 'a serious potential risk of physical injury to an…
discussed Cited as authority (verbatim quote) United States v. Robles-Rodriguez (2×) also: Cited "see, e.g."
5th Cir. · 2006 · quote attribution · 1 verbatim quote · confidence high
the confines of prison preclude any recreational uses for a deadly weapon and render its possession a serious threat to the safety of others.
discussed Cited as authority (rule) United States v. Perez-Jiminez
10th Cir. · 2011 · confidence medium
Outside of prison, “[t]he felon who unlawfully possesses a firearm, although disobeying the law, may have a legitimate use intended for the firearm, such as target shooting or collecting.” United States v. Romero, 122 F.3d 1334, 1341 (10th Cir. 1997) (quoting United States v. Young, 990 F.2d 469, 472 (9th Cir.1993)); accord Marquez, 626 F.3d at 222 (“A felon may be in possession of certain firearms, such as a pistol or hunting rifle, for recreational purposes, even though that possession is unlawful.”); Vahovick, 160 F.3d at 397-98 .
discussed Cited as authority (rule) United States v. Perez-Jiminez
10th Cir. · 2011 · confidence medium
Outside of prison, "[t]he felon who unlawfully possesses a firearm, although disobeying the law, may have a legitimate use intended for the firearm, such as target shooting or collecting." United States v. Romero, 122 F.3d 1334, 1341 (10th Cir. 1997) (quoting United States v. Young, 990 F.2d 469, 472 (9th Cir.1993)); accord Marquez, 626 F.3d at 222 ("A felon may be in possession of certain firearms, such as a pistol or hunting rifle, for recreational purposes, even though that possession is unlawful."); Vahovick, 160 F.3d at 397-98 .
discussed Cited as authority (rule) United States v. Polk
3rd Cir. · 2009 · confidence medium
See, e.g., United States v. Vahovick, 160 F.3d 395, 397 (7th Cir.1998) (determining that there is no acceptable use for a weapon by an inmate and that “prisons are inherently dangerous places and they present unique problems”); United States v. Young, 990 F.2d 469, 472 (9th Cir.1993) (“The confines of prison preclude any recreational uses for a deadly weapon and render its possession a serious threat to the safety of others.”). *520 Begay excludes that mode of analysis, however.
discussed Cited as authority (rule) United States v. Sylvester (2×)
M.D. Penn. · 2009 · confidence medium
See, e.g., United States v. Rodriguez-Jaimes, 481 F.3d 283, 287 (5th Cir.2007) (holding that possession of a handgun in violation of a Texas statute prohibiting the possession of a deadly weapon in a penal institution is a crime of violence under § 4B1.2(a)); United States v. Robles-Rodriguez, 204 Fed.Appx. 504, 507 (10th Cir.2006) (hold *645 ing federal inmate’s conviction for possession of a six-inch metal shank is a crime of violence under § 4B1.2(a)); United States v. Thomas, 183 Fed.Appx. 742, 744 (10th Cir.2006) (holding that defendant’s prior federal conviction for possession of a…
discussed Cited as authority (rule) United States v. Montoya
D. Ariz. · 2007 · confidence medium
In United States v. Serna, 435 F.3d 1046, 1047 (9th Cir.2006), and United States v. Young, 990 F.2d 469, 471-72 (9th Cir.1993), which examine the United States Sentencing Commission Guidelines’ definition of “crime of violence,” the Ninth Circuit instructed the District Courts to look first to the elements of the offense and then to the actual conduct underlying the charge, ’to determine if the crime of conviction was a “crime of violence.” 3 Cf. also United States v. Reina-Rodriguez, 468 F.3d 1147, 1152-55 (9th Cir.2006) (analyzing whether the defendant’s prior conviction was a …
discussed Cited as authority (rule) United States v. Thomas
10th Cir. · 2006 · confidence medium
See United States v. Kenney, 310 F.3d 135, 137 (3d Cir.2002) (possession of a weapon in prison “inherently ... presents a serious potential risk of physical injury to other persons in the prison” and is therefore a crime of violence) (internal quotation marks omitted); United States v. Vahovick, 160 F.3d 395, 397 (7th Cir.1998) (“Possession of a weapon in prison, by itself, implies a violent act----[T]here is simply no acceptable use for a weapon by an inmate in a prison for there always exists in such possession the serious potential risk of physical injury to another.” (internal quot…
cited Cited as authority (rule) United States v. Serna
9th Cir. · 2006 · confidence medium
United States v. Young, 990 F.2d 469, 472 (9th Cir. 1993).
cited Cited as authority (rule) United States v. Xavier Serna
9th Cir. · 2006 · confidence medium
United States v. Young, 990 F.2d 469, 472 (9th Cir.1993).
discussed Cited as authority (rule) United States v. Goforth
4th Cir. · 2004 · confidence medium
See United States v. Kenney, 310 F.3d 135, 137 (3rd Cir.2002); United States v. Vahovick, 160 F.3d 395, 397-98 (7th Cir.1998); United States v. Young, 990 F.2d 469, 471-72 (9th Cir.1993); see also United States v. Romero, 122 F.3d 1334, 1340-41 (10th Cir.1997) (holding that conveying a weapon in federal prison is a “violent felony” for purposes of applying the Armed Career Criminal Act).
discussed Cited as authority (rule) United States v. James Earl Matthews
9th Cir. · 2004 · confidence medium
In determining if a conviction satisfies the “otherwise” clause, “courts may consider the statutory definition of the crime and may also consider the conduct ‘expressly charged[] in the count of which the defendant was convicted.’” United States v. Young, 990 F.2d 469, 472 (9th Cir.1993) (quoting U.S.S.G. § 4B1.2, cmt. n. 1).
discussed Cited as authority (rule) United States v. Schley
9th Cir. · 2003 · confidence medium
Because whether an offense is a crime of violence must be determined by the statutory definition of the prior conviction, or by “those facts charged in the count of the indictment or information for which the defendant was convicted,” Taylor v. United States, 495 U.S. 575, 602 , 110 S.Ct. 2143 , 109 L.Ed.2d 607 (1990); United States v. Young, 990 F.2d 469, 472 (9th Cir.1993), we vacate and remand to allow the district court to evaluate Schley’s Washington state conviction and to thereafter re-sentence Schley.
discussed Cited as authority (rule) United States v. John C. Kenney
3rd Cir. · 2002 · confidence medium
See, e.g., United States v. Vahovick, 160 F.3d 395, 396-98 (7th Cir.1998); United States v. Patton, 114 F.3d 174, 176-77 (11th Cir.1997); United States v. Young, 990 F.2d 469, 472 (9th Cir.1993); cf. United States v. Romero, 122 F.3d 1334, 1340-41 (10th Cir.1997) (holding that conveying a weapon in a federal prison is a “violent felony” within the Armed Career Criminal Act).
discussed Cited as authority (rule) United States v. Kenney
3rd Cir. · 2002 · confidence medium
See, e.g. , United States v. Vahovick, 160 F.3d 395, 396-98 (7th Cir. 1998); United States v. Patton, 114 F.3d 174, 176-77 (11th Cir. 1997); United States v. Young, 990 F.2d 469, 472 (9th Cir. 1993); cf. United States v. Romero, 122 F.3d 1334, 1340-41 (10th Cir. 1997) (holding that conveying a weapon in a federal prison is a "violent felony" within the Armed Career 3 Criminal Act).
discussed Cited as authority (rule) United States v. McCoy
9th Cir. · 2002 · confidence medium
We have previously rejected this argument in United States v. Young, 990 F.2d 469, 471-72 (9th Cir.1993) (holding that if a prior conviction is a crime of violence based on statutory elements, then career offender sentence enhancement allowed regardless of actual charged conduct of the defendant).
discussed Cited as authority (rule) United States v. Harrell (2×) also: Cited "see"
9th Cir. · 2001 · confidence medium
United States v. Young, 990 F.2d 469, 470 (9th Cir.1993).
cited Cited as authority (rule) United States v. Abel Casarez-Bravo, D.C. No
9th Cir. · 1999 · confidence medium
See Vea-Gonzales, 999 F.2d at 1329 ; United States v. Young, 990 F.2d 469, 471 (9th Cir.1993).
discussed Cited as authority (rule) United States v. Daniel Paul Devorkin
9th Cir. · 1998 · confidence medium
See United States v. Williams, 47 F.3d 993, 994 (9th Cir.1995) (allowing resort to the elements of the crime and the defendant’s charged conduct); United States v. Young, 990 F.2d 469, 472 (9th Cir.1993) (“[A] sentencing court is not free to make a Svideranging inquiry into the specific circumstances surrounding a conviction.’”) (quoting United States v. Johnson, 953 F.2d 110, 113 (4th Cir.1992)). 4 Yet another example of a statute under which we have given categorical treatment is *469 8 U.S.C: § 1326(b)(2), which enhances the punishment for a person who illegally reenters the United…
discussed Cited as authority (rule) PALACIOS
unknown court · 1998 · confidence medium
Commonly the word occurs in such connections as to show that unlaw- ful or wrongful action is meant . . . .” Black’s Law Dictionary 644 (6th ed. 1990) (citation omitted), “Physical force” is “[f]orce applied to the body; 7 The Ninth Circuit recognizes that under the current version of the Guidelines, “[i]n determining whether an offense ‘involves conduct that presents a serious potential risk of physical injury to another,’ U.S.S.G. § 4B1.2(1)(ii), courts may consider the statutory defini- tion of the crime and . . . the conduct ‘expressly charged [ ] in the count of which t…
discussed Cited as authority (rule) United States v. James Manuel Romero
10th Cir. · 1997 · confidence medium
By its nature, therefore, the possession of a deadly weapon by a prison inmate presents “a serious potential risk of physical injury to another.” United States v. Young, 990 F.2d 469, 472 (9th Cir.1993) (concluding that a conveying offense is a “crime of violence” under U.S.S.G. § 4B1.2).
discussed Cited as authority (rule) United States v. Romero
10th Cir. · 1997 · confidence medium
By its nature, therefore, the possession of a deadly weapon by a prison inmate presents “a serious potential risk of physical injury to another.” United States v. Young, 990 F.2d 469, 472 (9th Cir. 1993) (concluding that a conveying offense is a “crime of violence” under U.S.S.G. § 4B1.2).
cited Cited as authority (rule) United States v. Pablo Tee Stallings
9th Cir. · 1997 · confidence medium
United States v. Wood, 52 F.3d 272, 275 (9th Cir.), cert. denied, 116 S.Ct. 217 (1995); United States v. Young, 990 F.2d 469, 472 (9th Cir.1993).
discussed Cited as authority (rule) UNITED STATES of America, Plaintiff-Appellee, v. John Ray WILLIAMS, Defendant-Appellant
9th Cir. · 1997 · confidence medium
In determining whether a prior conviction is a “crime of violence” under U.S.S.G. § 4B1.2(1)(ii), we may examine “‘the elements of the crime charged or whether the actual charged ‘conduct’ of the defendant presented a serious risk of physical injury to another.’” United States v. Young, 990 F.2d 469, 471 (9th Cir.1993), citing United States v. Sahakian, 965 F.2d 740, 742 (9th Cir.1992).
examined Cited as authority (rule) United States v. Defabian Shannon (6×)
7th Cir. · 1996 · confidence medium
Thus, under the majority's reasoning, it is quite conceivable that a defendant who brutally sexually assaults a young girl in Wisconsin and who is charged under § 948.02 could never have his sentence enhanced under § 4B1.2 of the Guidelines because there would be no way--based solely upon the bare-bones information--to determine that his prior conviction was for a "crime of violence." 88 In addition to Lee, the majority cites cases from other circuits to support its contention that only the language set forth in an information or indictment may be consulted to determine whether a prior crime…
cited Cited as authority (rule) United States v. Vincent Lee Olson, Cross-Appellee
9th Cir. · 1996 · confidence medium
United States v. Young, 990 F.2d 469, 472 (9th Cir.), cert. denied, --- U.S. ----, 114 S.Ct. 276 (1993).
discussed Cited as authority (rule) United States v. Darren Mims
9th Cir. · 1996 · confidence medium
This court reviews the district court's interpretation of the U.S. Sentencing Guidelines de novo, United States v. Young, 990 F.2d 469, 471 (9th Cir.), cert. denied, 114 S.Ct. 276 (1993), and we affirm. 4 A defendant is a career offender if the instant offense is a felony that is a crime of violence or a narcotics offense, and the defendant has two prior felony convictions that are either crimes of violence or narcotic offenses.
cited Cited as authority (rule) UNITED STATES of America, Plaintiff-Appellee, v. John Elton COX, Defendant-Appellant
9th Cir. · 1996 · confidence medium
United States v. Young, 990 F.2d 469, 472 (9th Cir.), cert. denied, — U.S. -, 114 S.Ct. 276 , 126 L.Ed.2d 226 (1993).
discussed Cited as authority (rule) United States v. Richard James Giakovmis
9th Cir. · 1995 · confidence medium
If one of the elements is the use, attempted use, or threatened use of physical force, then the crime is a crime of violence." United States v. Wood, 52 F.3d 272, 274 (9th Cir.1995) (citing United States v. Young, 990 F.2d 469, 471 (9th Cir.), cert. denied, 114 S.Ct. 276 (1993)).
discussed Cited as authority (rule) United States v. Jerry F. Arnold
6th Cir. · 1995 · confidence medium
“By amending § 4B1.2, the Sentencing Commission made clear that only conduct ‘set forth in the count of which the defendant was convicted’ may be considered in determining whether the offense is a crime of violence.” Fitzhugh, 954 F.2d at 254 (quoting U.S.S.G. § 4B1.2 commentary (application note 2)); see also United States v. Lee, 22 F.3d 736, 738 (7th Cir.1994); United States v. Young, 990 F.2d 469, 472 (9th Cir.), cert. denied, — U.S. -, 114 S.Ct. 276 , 126 L.Ed.2d 226 (1993); Joshua, 976 F.2d at 856 .
discussed Cited as authority (rule) United States v. Paul Bradley Wood (2×) also: Cited "see, e.g."
9th Cir. · 1995 · confidence medium
United States v. Young, 990 F.2d 469, 471 (9th Cir.), cert. denied, — U.S. -, 114 S.Ct. 276 , 126 L.Ed.2d 226 (1993).
discussed Cited as authority (rule) United States v. Sammy Lane Bagley, Sr.
9th Cir. · 1995 · confidence medium
This holding was not diluted by United States v. Parker, 5 F.3d 1322, 1324 (9th Cir.1993) ("In determining whether a prior conviction was for a 'violent felony,' the sentencing court must apply a 'categorical approach.' ") (quoting United States v. Sherbondy, 865 F.2d 996, 1009 (9th Cir.1988)), nor affected by United States v. Young, 990 F.2d 469, 471 (9th Cir.) ("In Huffhines ... we stated that a 'categorical approach, by which only the statutory definition of the crime is examined, is appropriate to determine whether a prior conviction is a crime of violence under section 4B1.1.' ...
discussed Cited as authority (rule) United States v. Maurice Vincent Roney
9th Cir. · 1994 · confidence medium
We affirm. 3 In assessing whether an offense is a crime of violence under Sec. 4B1.2, courts should analyze the statutory elements of the crime charged "or whether the actual charged 'conduct' of the defendant presented a serious risk of physical injury to another." United States v. Young, 990 F.2d 469, 471 (9th Cir.), cert. denied, 114 S.Ct. 276 (1993).
discussed Cited as authority (rule) United States v. Gregory L. Lee (2×)
7th Cir. · 1994 · confidence medium
Sec. 4B1.2[ (1)(ii) ], a sentencing court must confine its factual inquiry to those facts charged in the indictment."); United States v. Fitzhugh, 954 F.2d 253, 255 (5th Cir.1992) ("The sentencing court should consider conduct expressly charged in the count of which the defendant was convicted, but not other conduct that might be associated with the offense."); United States v. Young, 990 F.2d 469, 472 (9th Cir.1993), certiorari denied, --- U.S. ----, 114 S.Ct. 276 , 126 L.Ed.2d 226 (The inquiry "must be limited to conduct charged in the indictment or information;" the sentencing court is not …
discussed Cited as authority (rule) United States v. Richard Bombela (2×)
9th Cir. · 1994 · confidence medium
United States v. Young, 990 F.2d 469, 472 (9th Cir.), cert. denied, 114 S.Ct. 276 (1993); United States v. Davis, 932 F.2d 752, 764 (9th Cir.1991). 15 At issue in Young and Davis was whether a prior conviction was of a "crime of violence" as defined in U.S.S.G.
cited Cited as authority (rule) United States v. Esaul Diaz
9th Cir. · 1993 · confidence medium
United States v. Young, 990 F.2d 469, 471-72 (9th Cir.) (citing U.S.S.G.
discussed Cited as authority (rule) United States v. Demetrius Jerome Hayes (2×) also: Cited "see"
9th Cir. · 1993 · confidence medium
United States v. Young, 990 F.2d 469, 471 (9th Cir.1993).
examined Cited as authority (rule) United States v. Patrick Innie (8×) also: Cited "see, e.g."
9th Cir. · 1993 · confidence medium
We have since held that, under the current version of the Guidelines, “[i]n determining whether an offense ‘involves conduct that presents a serious potential risk of physical injury to another,’ U.S.S.G. § 4B1.2(l)(ii), courts may consider the statutory definition of the crime and may also consider the conduct ‘expressly charged[] in the count of which the defendant was convicted.’ U.S.S.G. § 4B1.2, comment, (n. 2).” United States v. Young, 990 F.2d 469, 472 (9th Cir.1993).
examined Cited as authority (rule) United States v. Johnny Leo Benjamin (3×) also: Cited "see"
9th Cir. · 1993 · confidence medium
Because a sentencing court "is not free to make a wideranging inquiry into the specific circumstances surrounding a conviction," Young, 990 F.2d at 472 (quotation and citation omitted), the charged conduct inquiry requires something more. 24 We cannot determine from the sexual battery statute itself that the charged conduct necessarily presented a serious potential risk of physical injury to another.
discussed Cited as authority (rule) United States v. Demetrius Jerome Hayes (2×)
9th Cir. · 1993 · confidence medium
United States v. Young, 990 F.2d 469, 471 (9th Cir.1993).
discussed Cited "see" United States v. Henry Nash Riley
9th Cir. · 1999 · signal: see · confidence high
See United States v. Sahakian, 965 F.2d 740, 742 (9th Cir.1992). 6 Thus, we must decide whether the statutory definition of attempted simple rape under Louisiana law fits within U.S.S.G. § 4B1.2(a)(2) as involving “conduct that presents a serious potential risk of physical injury to another.” See also United States v. Young, 990 F.2d 469, 472 (9th Cir.1993).
cited Cited "see" United States v. Grant Vahovick
7th Cir. · 1998 · signal: see · confidence high
See United States v. Young, 990 F.2d 469 (9th Cir.1993) and United States v. Romero, 122 F.3d 1334 (10th Cir.1997).
cited Cited "see" UNITED STATES of America, Plaintiff-Appellee, v. Weince BAILEY, Defendant-Appellant
9th Cir. · 1998 · signal: see · confidence high
See United States v. Young, 990 F.2d 469, 470 (9th Cir.1993).
discussed Cited "see" United States v. Robert Morris Hoff (2×)
9th Cir. · 1997 · signal: see · confidence high
See United States v. Young, 990 F.2d 469, 472 (9th Cir.1993) (prior conviction for possession of a deadly weapon in prison is a crime of violence for career offender purposes).
discussed Cited "see" United States v. Shawn D. Rutherford (2×)
7th Cir. · 1995 · signal: see · confidence high
See United States v. Young, 990 F.2d 469, 471 (9th Cir.1993) (discussing whether possession of firearm in prison is crime of violence under § 4B1.2: “An intent to use the object in a violent manner is not a required element of the offense.
discussed Cited "see" United States v. Quentin Clitso (2×) also: Cited "see, e.g."
9th Cir. · 1994 · signal: see · confidence high
See Young, 990 F.2d at 471 .
discussed Cited "see" United States v. Urbano Moran Lopez
9th Cir. · 1994 · signal: see · confidence high
See Anaya, 225 Cal.Rptr. at 55 (implying that the mere surplusage rule has such an effect under California law). 11 Appellee argues in rebuttal that "[t]o determine whether a prior conviction is a 'crime of violence,' [a court] look[s] to [either] 'the elements of the crime charged or whether the actual charged 'conduct' of the defendant presented a serious risk of physical injury to another.' " United States v. Young, 990 F.2d 469, 471 (9th Cir.) (quoting United States v. Sahakian, 965 F.2d 740, 742 (9th Cir.1992)), cert. denied, 114 S.Ct. 276 (1993); see United States v. Davis, 932 F.2d 752,…
discussed Cited "see" United States v. Robert William Weinert
9th Cir. · 1993 · signal: accord · confidence high
A defendant qualifies a career offender under the United States Sentencing Guidelines if among other requirements, he has “at least two prior felony convictions of ... a crime of violence.” U.S.S.G. § 4B1.1; accord United States v. Young, 990 F.2d 469, 470 (9th Cir.1993).
discussed Cited "see, e.g." United States v. Carlos Jesus Garcia
10th Cir. · 1994 · signal: see, e.g. · confidence medium
See, e.g., United States v. Young, 990 F.2d 469, 472 (9th Cir.) (reviewing information in state court proceeding to determine that possession of a deadly weapon by a prison inmate constituted a crime of violence), cert. denied, — U.S. -, 114 S.Ct. 276 , 126 L.Ed.2d 226 (1993); United States v. Leavitt, 925 F.2d 516, 517-18 (1st Cir.1991) (examining indictment in state court proceeding to determine that conviction for “high and aggravated oral threatening” constituted crime of violence).
discussed Cited "see, e.g." United States v. Richard Eugene Smith
10th Cir. · 1993 · signal: see, e.g. · confidence medium
See, e.g., United States v. Young, 990 F.2d 469, 472 (9th Cir.1993); United States v. Joshua, 976 F.2d 844, 856 (3d Cir.1992); United States v. Johnson, 953 F.2d 110, 113 (4th Cir.1991) (holding that "the offense of felon in possession of a firearm, in the absence of any aggravating circumstances charged in the indictment," is not a crime of violence). 9 .
Retrieving the full opinion text from the archive…
UNITED STATES of America, Plaintiff-Appellee,
v.
Andrew Lee YOUNG, Defendant-Appellant
92-50144.
Court of Appeals for the Ninth Circuit.
Mar 31, 1993.
990 F.2d 469
93 Cal. Daily Op. Serv. 2371
1993 U.S. App. LEXIS 6532
1993 WL 90324
Amy M. Karlin, Deputy Federal Public Defender, Los Angeles, CA, for defendant-appellant., Steven J. Katzman, Asst. U.S. Atty., Los Angeles, CA, for plaintiff-appellee.
Cynthia, Hall, Holcomb, Sneed, Wallace.
Cited by 66 opinions  |  Published
1 passage pin-cited by 1 case
Pinpoint authority: bottom 79%
Citer courts: D. Nevada (1)
WALLACE, Chief Judge:

Young appeals from his sentence following his guilty plea to unarmed bank robbery, in violation of 18 U.S.C. § 2113(a). He contends that the district court erred by sentencing him as a career criminal offender pursuant to section 4B1.1 of the United States Sentencing Guidelines (Guidelines). This appeal presents the sole issue of whether, for purposes of section 4B1.1, the unlawful possession of a deadly weapon while in jail, in violation of California Penal Code § 4574(a), is a “crime of violence.” The district court had jurisdiction pursuant to 18 U.S.C. § 3231. We have jurisdiction over this timely appeal pursuant to 18 U.S.C. § 3742(a) and 28 U.S.C. § 1291. We affirm.

I

Section 4B1.1 of the Guidelines provides for an increased sentence to be imposed upon career criminal offenders. A defendant can qualify as a career offender if he or she is convicted of a felony that is a crime of violence and has two prior felony convictions for crimes of violence. U.S.S.G. § 4B1.1; United States v. Huffhines, 967 F.2d 314, 320 (9th Cir.1992) (Huffhines).

The district court sentenced Young as a career offender based on his instant conviction for unarmed bank robbery and on two prior state felony convictions. One of the prior convictions was for voluntary manslaughter; the other was for possession of a deadly weapon in prison. Young concedes that his instant conviction and his conviction for voluntary manslaughter may[*471] be counted for purposes of section 4B1.1. He challenges only the reliance on his prior conviction for possession of a deadly weapon while in prison, which he contends is not a crime of violence. The district court disagreed and sentenced Young as a career criminal offender.

II

We review the district court’s interpretation of the Guidelines de novo. Huffhines, 967 F.2d at 320. A “crime of violence” is defined in part in Guidelines section 4B1.2 as a state or federal offense punishable by more than one year in prison that either “has as an element the use, attempted use, or threatened use of physical force against the person of another, or ... otherwise involves conduct that presents a serious potential risk of physical injury to another.” U.S.S.G. § 4B1.2(1). To determine whether a prior conviction is a “crime of violence,” we look to “the elements of the crime charged or whether the actual charged ‘conduct’ of the defendant presented a serious risk of physical injury to another.” United States v. Sahakian, 965 F.2d 740, 742 (9th Cir.1992) (Sahakian).

The elements of the offense of possession of a deadly weapon in prison are established by California Penal Code § 4574(a), the statute under which Young was convicted. Those elements are: “(1) possession (2) of a firearm, deadly weapon, or explosive, (3) without authorization, (4) by one lawfully committed to a county jail.” People v. Talkington, 140 Cal.App.3d 557, 561, 189 Cal.Rptr. 735 (1983). An intent to use the object in a violent manner is not a required element of the offense. Id. Clearly, then, the statutory definition of the crime does not contain as an element “the use, attempted use, or threatened use of physical force against the person of another.” U.S.S.G. § 4B1.2(l)(i).

We turn, then, to the question whether the offense “involves conduct that presents a serious potential risk of physical injury to another.” U.S.S.G. § 4B1.2(l)(ii). Young argues that our prior cases establish that only the statutory elements of the offense may be examined to determine whether a particular offense is a crime of violence. Thus, he asserts, we must follow our case law even though it conflicts with the Guidelines, which do permit consideration of a defendant’s conduct while our cases do not.

As is clear from Sahakian,- in determining whether a particular conviction involved a “crime of violence,” we make two different inquiries. 965 F.2d at 742. First, we look to the elements of the crime charged. If one of the elements of the crime is the use, attempted use, or threatened use of physical force, we consider that crime to be one of violence. Id. If the crime does not contain such an element, we examine “whether the actual charged ‘conduct’ of the defendant presented a serious risk of physical injury to another.” Id. (emphasis added). The second inquiry plainly directs our attention to the conduct for which the defendant was charged and convicted. This inquiry is consistent with the directive contained in the Guidelines, which instructs courts to consider “the conduct set forth (i.e., expressly charged) in the count of which the defendant was convicted,” to determine whether that conduct “by its nature[ ] presented a serious potential risk of physical injury to another.” U.S.S.G. § 4B1.2, comment, (n. 2).

In Huffhines, decided after Sahakian, we stated that a “categorical approach, by which only the statutory definition of the crime is examined, is appropriate to determine whether a prior conviction is a crime of violence under section 4B1.1.” 967 F.2d at 320 (emphasis added). Young urges us to .read this passage as precluding any examination of a defendant’s actual conduct. We need not do so. While a consideration of only the statutory definition of a crime may be sufficient in some cases to show the crime is one of violence, in others the actual conduct with which the defendant was charged may need to be examined. In Huffhines itself, for example, we held that the unlawful possession of a silencer was a crime of violence because it involved conduct that presented a “risk of improper physical force.” 967 F.2d at 321.

To dispel any lingering confusion, we hold explicitly what is implicit in our[*472] cases: In determining whether an offense “involves conduct that presents a serious potential risk of .physical injury to another,” U.S.S.G. § 4B1.2(l)(ii), courts may consider the statutory definition of the crime and may also consider the conduct “expressly charged[ ] in the count of which the defendant was convicted.” U.S.S.G. § 4B1.2, comment, (n. 2). If a prior conviction is determined to be a crime of violence under either prong of this inquiry, then it is to be counted under U.S.S.G. § 4B1.1, regardless of the outcome of the other prong. The latter inquiry, however, must be limited to the conduct charged in the indictment or information; a sentencing court is not free to make a “wideranging inquiry into the specific circumstances surrounding a conviction.” United States v. Johnson, 953 F.2d 110, 113 (4th Cir.1992). The “sentencing court must confine its factual inquiry to those facts charged” in the count of the indictment or information for which the defendant was convicted. Id.

Young was charged with possession of a deadly weapon in prison. The information charged him with possessing a “shank,” in his case a melted-down shaving razor. Young argues that the crime of possessing a deadly weapon in prison is similar to the crime of unlawful possession of a firearm by a felon. The latter is not considered “a crime of violence” for purposes of determining whether a defendant is a career criminal offender. U.S.S.G. § 4B1.2, comment, (n. 2); see also Sahakian, 965 F.2d at 742 (concluding that “conviction of being a felon in possession [of a firearm] is not a conviction of a crime of violence”). Thus, Young argues, the possession of a deadly weapon in prison likewise should not be considered a crime of violence.

These two offenses are not sufficiently similar to warrant similar consideration for the purposes of determining a defendant’s status as a career criminal offender. Whether we confine our inquiry to the statutory definition of the crime, the possession of a deadly weapon in jail, or consider the specific conduct charged, the possession of a “shank” in jail, our conclusion is the same. In a prison setting, the possession by an inmate of a deadly weapon indeed presents a serious potential risk of physical injury to another.

The felon who unlawfully possesses a firearm, although disobeying the law, may have a legitimate use intended for the firearm, such as target shooting or collecting. By contrast, we fail to discover a similarly “innocent” purpose behind the possession of a deadly weapon by a prison inmate. Cf. Huffhines, 967 F.2d at 321 (observing that “a silencer is practically of no use except for a criminal purpose”). The confines of prison preclude any recreational uses for a deadly weapon and render its possession a serious threat to the safety of others. By its nature, therefore, the possession of a deadly weapon by a prison inmate presents “a serious potential risk of physical injury to another.” U.S.S.G. § 4B1.2(l)(ii).

The district court did not err in relying on Young’s conviction for possession of a deadly weapon in prison when determining his status as a career criminal offender.

AFFIRMED.