FILED
United States Court of Appeals
UNITED STATES COURT OF APPEALS Tenth Circuit
FOR THE TENTH CIRCUIT May 30, 2018
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Elisabeth A. Shumaker
Clerk of Court
UNITED STATES OF AMERICA,
Plaintiff - Appellee,
No. 17-8069
v. (D.C. No. 1:16-CR-00230-ABJ-1)
(D. Wyo.)
DONALD ALEXANDER SHERIFF, a/k/a
Donald Sample,
Defendant - Appellant.
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ORDER AND JUDGMENT*
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Before BRISCOE, KELLY, and BACHARACH, Circuit Judges.**
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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
*
This order and judgment is not binding precedent, except under the doctrines
of law of the case, res judicata, and collateral estoppel. It may be cited, however, for
its persuasive value consistent with Fed. R. App. P. 32.1 and 10th Cir. R. 32.1.
**
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.
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, No. 17-1058, 2018 WL 2050093 (10th Cir. 2018). There, we held that
federal bank robbery is categorically a crime of violence. McCranie, 2018 WL
2050093, at *4. 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.
Entered for the Court
Paul J. Kelly, Jr.
Circuit Judge
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