United States of America v. Jeffrey Ronald Banker

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).
NOT FOR PUBLICATION
UNITED STATES COURT OF APPEALS
FOR THE NINTH CIRCUIT
UNITED STATES OF AMERICA,
Plaintiff - Appellee,
v.
JEFFREY RONALD BANKER,
Defendant - Appellant.
No. 09-30380
D.C. No. 6:02-cr-60027-MRH
MEMORANDUM*
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
FILED
JUN 18 2010
MOLLY C. DWYER, CLERK
U .S. C OU R T OF APPE ALS

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09-30380 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.

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