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United States v. Patillar

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Before HARTZ, SEYMOUR, and EBEL, Circuit Judges.

Calvin Patillar pleaded guilty to robbery and to discharging a firearm in furtherance of robbery. See 18 U.S.C. § 1951(a); id. § 924(c)(1)(A)(iii). Both offenses were committed on December 2, 2008. The United States District Court for the Northern District of Oklahoma sentenced him to 300 months’ imprisonment. Mr. Patillar’s sole argument on appeal is that the district court erred in concluding that he had two prior Oklahoma convictions of crimes of violence, which qualified him as a career offender under the 2008 edition of the United States Sentencing Guidelines. See USSG § 4B1.1. He contends (1) that his prior offense of larceny from the person was not sufficiently purposeful, violent, and aggressive to be a crime of violence and (2) that his prior robbery offense was too stale to be a crime of violence because he would have served his entire term of imprisonment for that offense more than 15 years before committing his federal offenses had Oklahoma acted with the requisite diligence in revoking his probation. We have jurisdiction under 18 U.S.C. § 3742(a) and affirm.

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