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Date: 12-23-2023
Case Style:
Case Number: 07-5027
Judge: Terrence L. O’Brien
Court: UNITED STATES COURT OF APPEALS TENTH CIRCUIT
Plaintiff's Attorney: United States District Attorney’s Office
Defendant's Attorney:
Description: Tulsa, Oklahoma criminal defense lawyer represented the Defendant charged with with bank robbery.
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)
Outcome: AFFIRMED
Plaintiff's Experts:
Defendant's Experts:
Comments: