FROM THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF NEW
HAMPSHIRE [Hon. Steven J. McAuliffe, U.S. District Judge]
Torruella, Thompson, and Barron, Circuit Judges. Bjorn Lange,
Assistant Federal Public Defender, was on brief for
R. Aframe, Assistant United States Attorney, with whom Emily
Gray Rice, United States Attorney, was on brief for appellee.
Torruella, Thompson, and Barron, Circuit Judges.
BARRON, Circuit Judge.
Ellison pled guilty to violating 18 U.S.C. § 2113(a),
the federal bank robbery statute. In this appeal, he
challenges his 10-year prison sentence. We affirm.
August 20, 2014, Ellison was indicted in the United States
District Court for the District of New Hampshire on one count
of violating § 2113(a). That provision reads:
Whoever, by force and violence, or by intimidation, takes, or
attempts to take, from the person or presence of another, or
obtains or attempts to obtain by extortion any property or
money or any other thing of value belonging to, or in the
care, custody, control, management, or possession of, any
bank, credit union, or any savings and loan association; or
Whoever enters or attempts to enter any bank, credit union,
or any savings and loan association, or any building used in
whole or in part as a bank, credit union, or as a savings and
loan association, with intent to commit in such bank, credit
union, or in such savings and loan association, or building,
or part thereof, so used, any felony affecting such bank,
credit union, or such savings and loan association and in
violation of any statute of the United States, or any larceny
Shall be fined under this title or imprisoned not more than
twenty years, or both.
indictment charged that Ellison "did knowingly and
intentionally, by force and violence, or by
intimidation, take from the person and presence of
another currency belonging to and in the care, custody,
control, management, and possession of the Northeast Credit
Union . . . [i]n violation of [§ 2113(a)]."
(emphasis added). On November 25, 2015, Ellison pled guilty
to that count.
change-of-plea colloquy, the District Court explained the
elements of the offense to which Ellison was pleading guilty.
Those elements were that Ellison "intentionally took
money from the Northeast Credit Union in Manchester from a
bank employee, " that Ellison "used
intimidation or force and violence . . . to obtain
the money, " and that "the deposits of the credit
union were insured by the National Credit Union
Administration." (emphasis added).
to the sentencing hearing, the probation office prepared a
presentence investigation report ("PSR"). The PSR
calculated the sentencing range applicable to Ellison under
the United States Sentencing Guidelines. According to the
PSR, Ellison was, in consequence of his prior convictions, in
criminal history category VI. The PSR also determined that,
under the guidelines, Ellison's total offense level was
29. The PSR then calculated the applicable guidelines
sentencing range for Ellison to be 151 to 188 months'
filed an objection to the PSR. Ellison argued that the PSR
wrongly based the determination that his total offense level
was 29 on a finding that he was a career offender under
U.S.S.G. § 4B1.1(a). The career offender guideline
A defendant is a career offender if (1) the defendant was at
least eighteen years old at the time the defendant committed
the instant offense of conviction; (2) the instant offense of
conviction is a felony that is either a crime of violence or
a controlled substance offense; and (3) the defendant has at
least two prior ...