U.S. v. Black

Dist. Ct. did not err in sentencing defendant to 260-month term of incarceration on armed robbery charge after applying career offender and physical restraint enhancement and in denying defendant's request for acceptance of responsibility adjustment. Record showed that defendant's two prior convictions for possession of controlled substance with intent to deliver qualified as controlled substance offense for purposes of career offender treatment, even though defendant claimed that documents used to prove existence of said convictions contained undecipherable abbreviations. Moreover, defendant's use of gun to direct bank teller during bank robbery was sufficient to establish physical restraint enhancement, and defendant's attempt to hide physical evidence justified Dist. Ct.'s denial of defendant's request for decrease in his offense level based on his guilty plea.