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United States v. Martin
Citation: 149 F. App'x 649Docket: No. 04-30066
Court: Court of Appeals for the Ninth Circuit; September 19, 2005; Federal Appellate Court
Elroy Silas Martin appeals his sentence following a guilty plea to kidnapping and a conviction for assault with a dangerous weapon. The sole issue on appeal is whether the district court correctly classified him as a career offender under U.S.S.G. 4B1.1 due to two prior convictions for crimes of violence. Martin contends that his criminal endangerment conviction under Montana law does not qualify as a crime of violence under U.S.S.G. 4B1.2(a)(2). However, the court cites prior precedent in United States v. Bailey, which determined a similar Arizona statute constituted a crime of violence, thus affirming the district court's decision. The ruling is not to be published and cannot be cited in future cases, except as allowed by specific circuit rules.