UNITED STATES v. SHERIFF (2018)

ORDER AND JUDGMENT **

Defendant-Appellant Donald Alexander Sheriff was convicted by a jury of bank robbery, 18 U.S.C. § 2113(a), (d), and brandishing a firearm during and in relation to a crime of violence, 18 U.S.C. § 924(c)(1)(A)(ii). The Presentence Investigation Report (PSR) noted that Mr. Sheriff had eight prior federal convictions, five for robbery and three for bank robbery, which it determined, along with the instant offense, were all crimes of violence under U.S.S.G. § 4B1.2. The district court agreed, determined Mr. Sheriff a career offender, and sentenced him to consecutive terms of 276 months on the bank robbery count and 84 months on the brandishing count, for a total of 360 months, with concurrent five year terms of supervised release thereafter. In addition, he was ordered to make restitution in the amount of $178,374.87.

On appeal, Mr. Sheriff argues that the district court erred when it determined that his bank robbery convictions under 18 U.S.C. 2113(a) were crimes of violence. Mr. Sheriff’s argument is foreclosed by this court’s recent decision in United States v. McCranie, 889 F.3d 677 (10th Cir. 2018). There, we held that federal bank robbery is categorically a crime of violence. McCranie, 889 F.3d at 680-81. As this panel is bound by that panel’s decision, In re Smith, 10 F.3d 723, 724 (10th Cir. 1993), the district court judgment is

AFFIRMED.

Paul J. Kelly, Jr., Circuit Judge