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United States of America v. RONALD DEAN TIGER
Case Number: 00-6235
Judge: Terrence L. O’Brien
Court: UNITED STATES COURT OF APPEALS
FOR THE TENTH CIRCUIT
Plaintiff's Attorney: Not Listed
Denver, CO - Criminal defense lawyer represented defendant with a bank robbery charge.
After examining the briefs and appellate record, this panel has determined
unanimously that oral argument would not materially assist in the determination
of this appeal. See Fed. R. App. P. 34(a)(2); 10th Cir. R. 34.1(G). The case is
therefore ordered submitted without oral argument.
Ronald Dean Tiger pled guilty to bank robbery. The Pre-Sentence Report
determined Tiger’s prior driving under the influence (DUI) conviction constituted
a “crime of violence” under the career offender guideline, USSG §4B1.2(a)(2).
Tiger objected, claiming the DUI conviction should not be considered a “crime of
violence.” He conceded before the district court, however, this Circuit’s
precedent foreclosed his argument. The district court overruled his objection,
applied §4B1.2(a)(2) and sentenced Tiger within the career offender guideline
range. In this appeal, Tiger argues a DUI conviction should not be considered a
“crime of violence” under §4B1.2(a)(2). In United States v. Moore, we held to the contrary. 420 F.3d 1218,1221
(10th Cir. 2005). Recognizing this panel lacks the authority to overrule Moore,
Tiger concedes Moore precludes his argument. See United States v. Brown, 400
F.3d 1242, 1256 (10th Cir.), cert. denied, 546 U.S. 860 (2005).