U.S. v. Raupp

Dist. Ct. did not err in sentencing defendant to 100-month term of incarceration on unlawful firearm possession charges based, in part, on finding that defendant was career offender under 4B1.1 of USSG. While defendant argued that his prior conviction for conspiracy to commit robbery was not qualifying crime of violence since said crime only concerned agreement to commit robbery, Ct. observed that crime of robbery was qualifying crime of violence under sentencing guidelines, and that, under sentencing guideline's application note, inchoate offense such as conspiracy also qualified as crime of violence where underlying offense was crime of violence. Ct. also rejected defendant's argument that guideline's application note was superceded by Begay, 553 US 137. (Dissent filed.)