United States v. Daniel Luis Delaney, 427 F.3d 1224 (9th Cir. 2005). · Go Syfert
United States v. Daniel Luis Delaney, 427 F.3d 1224 (9th Cir. 2005). Cases Citing This Book View Copy Cite
30 citation events (30 in the last 25 years) across 5 distinct courts.
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At page 1226 Determining crime of violence for career offender status24 citing casesThe Supreme Court has made clear that the fact of a prior conviction need not be proved to a jury beyond a reasonable doubt or admitted by the defendant to satisfy the Sixth Amendment ... even when such a finding results in an increase in the penalty beyond what would otherwise be the maximum pres…8 citing courts put it this way · 22 listed here
  • Boulware v. Marshall, 621 F. Supp. 2d 882 (C.D. Cal. 2008).published
    (The Supreme Court has made clear that the fact of a prior conviction need not be proved to a jury beyond a reasonable doubt or admitted by the defendant to satisfy the Sixth Amendment.)
  • United States v. Maldonado, 265 F. App'x 596 (9th Cir. 2008).unpublished
    (holding that a conviction under California Penal Code § 12020(a) for possession of a short-barreled shotgun categorically constitutes a predicate crime of violence for purposes of sentencing enhancements under the ACCA)
  • United States v. Sedrick Roshun Decoud, Jr., A/K/A Rab Shaun Dee Merced & Shaun Vance, United States of Am. v. Kendra Trice, United States of Am. v. Audra Israel, 456 F.3d 996 (9th Cir. 2006).published
    United States v. Delaney, 427 F.3d 1224, 1226 (9th Cir. 2005).
  • United States v. Decoud, 456 F.3d 996 (9th Cir. 2006).published 2 cites
    United States v. Delaney, 427 F.3d 1224, 1226 (9th Cir. 2005).
  • United States v. Victor Tyrone Dix, 185 F. App'x 846 (11th Cir. 2006).unpublished
    Compare United States v. Spell, 44 F.3d 936, 939 (11th Cir.1995) (applying similar analysis set forth in Taylor to the sentencing guidelines to determine whether prior conviction qualified under § 4B1.1 of the sentencing guidelines); Unite…
  • United States v. Alejandro Aguilar-Ortiz, 450 F.3d 1271 (11th Cir. 2006).published
    See United States v. Gutierrez-Ramirez, 405 F.3d 352 (5th Cir.2005) (holding that Shepard’s discussion should be used to determine whether a prior conviction is a "drug trafficking offense” under § 2L1.2 of the Sentencing Guidelines); see…
  • United States v. Patrick Roosevelt Stoutamire, 180 F. App'x 94 (11th Cir. 2006).unpublished
    Compare United States v. Spell, 44 F.3d 936, 939 (11th Cir.1995) (applying similar analysis set forth in Taylor to the sentencing guidelines to determine whether prior conviction qualified under § 4B1.1 of the sentencing guidelines); Unite…
  • United States v. McCaney, 177 F. App'x 704 (9th Cir. 2006).unpublished
    See Apprendi 530 U.S. at 490 , 120 S.Ct. 2348 ; Booker, 543 U.S. at 244 , 125 S.Ct. 738 ; United States v. Delaney, 427 F.3d 1224, 1226 (9th Cir.2005).
  • United States v. Menjivar-Garcia, 167 F. App'x 606 (9th Cir. 2006).unpublished
    (The Supreme Court has made clear that the fact of a prior conviction need not be proved to a jury beyond a reasonable doubt or admitted by the defendant to satisfy the Sixth Amendment ... even when such a finding resul…)
  • United States v. Candalosa—Estrada, 163 F. App'x 558 (9th Cir. 2006).unpublished
    (The Supreme Court has made clear that the fact of a prior conviction need not be proved to a jury beyond a reasonable doubt or admitted by the defendant to satisfy the Sixth Amendment.)
Show 12 more citing cases
  • United States v. Gasca-Morado, 192 F. App'x 696 (9th Cir. 2006).unpublished
    (holding that the fact of a prior conviction for sentencing purposes need not be proved to a jury or admitted by defendant to satisfy the Sixth Amendment)
  • United States v. Hernandez-Haros, 171 F. App'x 633 (9th Cir. 2006).unpublished
    See United States v. Delaney, 427 F.3d 1224 1226 (9th Cir.2005) (holding that the fact of a prior conviction for sentencing purposes need not be proved to a jury or admitted by defendant to satisfy the Sixth Amendment); United States v. Mo…
  • United States v. Amparo-Hernandez, 167 F. App'x 608 (9th Cir. 2006).unpublished
    See United States v. Delaney, 427 F.3d 1224 1226 (9th Cir.2005) (holding that the fact of a prior conviction for sentencing purposes need not be proved to a jury or admitted by defendant to satisfy the Sixth Amendment); United States v. Mo…
  • United States v. Garcia, 166 F. App'x 981 (9th Cir. 2006).unpublished
    See United States v. Delaney, 427 F.3d 1224 1226 (9th Cir.2005) (holding that the fact of a prior conviction for sentencing purposes need not be proved to a jury or admitted by defendant to satisfy the Sixth Amendment); United States v. Mo…
  • United States v. Santacruz-Sanchez, 166 F. App'x 982 (9th Cir. 2006).unpublished
    See United States v. Delaney, 427 F.3d 1224 1226 (9th Cir.2005) (holding that the fact of a prior conviction for sentencing purposes need not be proved to a jury or admitted by defendant to satisfy the Sixth Amendment); United States v. Mo…
  • United States v. Calvillo-Alvarez, 166 F. App'x 983 (9th Cir. 2006).unpublished
    See United States v. Delaney, 427 F.3d 1224 1226 (9th Cir.2005) (holding that the fact of a prior conviction for sentencing purposes need not be proved to a jury or admitted by defendant to satisfy the Sixth Amendment); United States v. Mo…
  • United States v. Xavier Serna, 435 F.3d 1046 (9th Cir. 2006).published 2 cites
    See United States v. Delaney, 427 F.3d 1224, 1226 (9th Cir.2005); United States v. Hayes, 7 F.3d 144, 145 (9th Cir.1993); United States v. Huffhines, 967 F.2d 314, 320-21 (9th Cir.1992).
  • United States v. Reyes, 907 F. Supp. 2d 1068 (N.D. Cal. 2012).published
    (holding that a conviction under Cal.Penal Code 12020(a)(1) to be a crime of violence for the purposes of the career enhancement provision of the Sentencing Guidelines)
  • United States v. Lopez, 500 F.3d 840 (9th Cir. 2007).published 3 cites
    (stating that “[t]he Supreme Court has made clear that the fact of a prior convic- tion need not be proved to a jury beyond a reasonable doubt or admitted by the defendant to satisfy the Sixth Amend- ment)
  • United States v. Lopez, No. 05-50433 (9th Cir. July 27, 2007).published
    (stating that “[t]he Supreme Court has made clear that the fact of a prior convic- tion need not be proved to a jury beyond a reasonable doubt or admitted by the defendant to satisfy the Sixth Amend- ment)
  • United States v. Jorge Enrique Lopez, 469 F.3d 1241 (9th Cir. 2006).published
    (stating that “[t]he Supreme Court has made clear that the fact of a prior conviction need not be proved to a jury beyond a reasonable doubt or admitted by the defendant to satisfy the Sixth Amendment)
  • United States v. Lopez, No. 05-50433 (9th Cir. Nov. 29, 2006).published
    (stating that “[t]he Supreme Court has made clear that the fact of a prior convic- tion need not be proved to a jury beyond a reasonable doubt or admitted by the defendant to satisfy the Sixth Amend- ment)
Other citing cases2 with no pin cite or quoted language on record
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UNITED STATES of America, Plaintiff-Appellee,
v.
Daniel Luis DELANEY, Defendant-Appellant
04-50128.
Court of Appeals for the Ninth Circuit.
Nov 7, 2005.
Published opinion
427 F.3d 1224
2005 U.S. App. LEXIS 23988
2005 WL 2931894
Benjamin N. Gluck, Bird, Marella, Boxer, Wolpert, Nessim, Drooks & Lincen-berg, Los Angeles, CA, for the defendant-appellant., Matthew D. Umhofer, Assistant United States Attorney, Los Angeles, CA, for the plaintiff-appellee.
Hug, Pregerson, Clifton.
Cited by 29 opinions  |  Published
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 Presen-tence 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 committed the robbery; (2) the robbery conviction constituted a crime of violence; and (3) he had two prior convictions for crimes of violence. The district court adopted the Presentence Report’s conclusion that Delaney was a career offender because he had two prior felony convictions for crimes of violence, one for bank robbery in violation of 18 U.S.C. § 2113(a) and one for possession of a short-barreled shotgun in violation of California Penal Code section 12020(a). Delaney, however, contends that his conviction for possession of a short-barreled shotgun is not a “crime of violence” for purposes of § 4B1.1.

We review de novo the district court’s interpretation of the United States Sentencing Guidelines and its designation[*1226] of career offender status under U.S.S.G. § 4B1.1. See United States v. Kelly, 422 F.3d 889, 891-92 (9th Cir.2005). For the following reasons, we affirm the district court’s determination that Delaney is a career offender.

We use the “categorical approach” to determine whether Delaney’s predicate conviction for possession of a short-barreled shotgun is a crime of violence. See United States v. Fish, 368 F.3d 1200, 1202 (9th Cir.2004). Under this approach, we need not look to the specific conduct that formed the basis of the defendant’s convictions, but only to the statutory definition of the crime. See Taylor v. United States, 495 U.S. 575, 602, 110 S.Ct. 2143, 109 L.Ed.2d 607 (1990). The California statute under which Delaney was convicted criminalizes “possess[ion of] ... any short-barreled shotgun.... ” Cal. Pen. Code § 12020(a)(1).

To constitute a crime of violence under the Guidelines, Delaney’s offense must be one that “involves conduct that presents a serious potential risk of physical injury to another.” U.S.S.G. § 4B1.2(1)(2). We have recognized that possession of an unregistered sawed-off shotgun is a crime of violence for purposes of the career offender provisions of the Guidelines. See United States v. Hayes, 7 F.3d 144 (9th Cir.1993). In Hayes, we reasoned that “sawed-off shotguns are inherently dangerous, lack usefulness except for violent and criminal purposes and their possession involves the substantial risk of improper physical force.” Id. at 145. This brings Delaney’s offense within the purview of § 4B1.1.

Delaney seeks to distinguish Hayes because the offense at issue there involved an unregistered sawed-off shotgun. This argument fails. Our decision in Hayes did not turn on whether the gun was registered but rather on the dangerous nature of the weapon. [2] A sawed-off shotgun, registered or not, “presents a serious potential risk of physical injury to another.” U.S.S.G. § 4B1.2(1)(2); see also United States v. Huffhines, 967 F.2d 314, 320-21 (9th Cir.1992) (holding that the unlawful possession of a silencer presents such a risk and thus is a crime of violence).

Delaney also asserts that the district court erred in deeming him a “career offender” because the enhancement is based, in part, on two prior convictions that were not proved beyond a reasonable doubt to a jury. We reject this argument. The Supreme Court has made clear that the fact of a prior conviction need not be proved to a jury beyond a reasonable doubt or admitted by the defendant to satisfy the Sixth Amendment. See United States v. Booker, — U.S. -, --- -, 125 S.Ct. 738, 748-49, 160 L.Ed.2d 621 (2005). This is true even when such a finding results in an increase in the penalty beyond what would otherwise be the maximum prescribed sentence. See id.

Finally, Delaney contends that the district court erred by applying two additional sentence enhancements (robbery of a financial institution pursuant to U.S.S.G. § 2B3.1(b)(1), and commission of an offense while on escape status pursuant to U.S.S.G. § 4A1.1(e)) based on extra-verdict findings not proved to a jury beyond a reasonable doubt. This argument also fails. The district court did not apply either sentence enhancement. Rather, the district court applied the higher total of[*1227] fense level warranted by Delaney’s career offender status, see U.S.S.G. § 4B1.1(b), (“[I]f the offense level for a career offender from the table in this subsection is greater than the offense level otherwise applicable, the offense level from the table in this subsection shall apply”) which was higher than the combined sentence enhancements.

Because Delaney was sentenced under the then-mandatory Sentencing Guidelines, and it is not clear from the record whether the sentence imposed would have been materially different had the district court known that the Guidelines were advisory, we remand this case to the sentencing court to answer that question. See United States v. Moreno-Hernandez, 419 F.3d 906, 916 (9th Cir.2005).

REMANDED.

1

. United States Sentencing Guidelines classify a defendant as a “career offender” if:

(1) the defendant was at least eighteen years old at the time the defendant committed the instant offense of conviction; (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.

USSG § 4B1.1(a).

2

. The Guidelines specifically provide that the term " '[c]rime of violence’ does not include the offense of unlawful possession of a firearm by a felon.” USSG § 4B1.2 cmt. n. 1. Our precedent is clear, however, that this provision does not exempt possession of weapons that are "inherently dangerous and lacking in lawful purposes” and therefore constitute a crime of violence. See Hayes, 7 F.3d at 145; Huffhines, 967 F.2d 314, at 320.