Argued: March 21, 2017
from the United States District Court for the District of
Maryland, at Baltimore. William D. Quarles, Jr., District
Marie Reamy, JULIE M. REAMY, ATTORNEY AT LAW, LLC, Baltimore,
Maryland, for Appellant.
Daniel Metcalf, OFFICE OF THE UNITED STATES ATTORNEY,
Baltimore, Maryland, for Appellee.
Rosenstein, United States Attorney, OFFICE OF THE UNITED
STATES ATTORNEY, Baltimore, Maryland, for Appellee.
WILKINSON, DIAZ, and FLOYD, Circuit Judges.
by published opinion. Judge Wilkinson wrote the opinion, in
which Judge Diaz and Judge Floyd joined.
WILKINSON, Circuit Judge
Riley challenges his designation as a career offender under
the U.S. Sentencing Guidelines, arguing that his prior
conviction for Maryland robbery with a dangerous weapon does
not qualify as a predicate "crime of violence." We
conclude that this offense was a crime of violence under the
residual clause of the career offender guideline in effect
when Riley was sentenced.
was convicted of four counts of possession with intent to
distribute a controlled substance. The presentence report
(PSR) designated Riley as a career offender under U.S.S.G.
§ 4B1.1 based on his previous felony convictions under
Maryland law for robbery with a dangerous weapon and
distribution of a controlled dangerous substance. The
designation elevated his guidelines range from 21-27 months
of imprisonment to 210-262 months. Riley did not object to
his classification as a career offender in the PSR.
sentencing hearing, Riley's counsel stated that
"there is no dispute whatsoever that he is a career
offender" and instead argued that the designation was
"over-representative of his criminal history." J.A.
22. Accordingly, Riley sought a downward departure for his
criminal history and a downward variance on his overall
sentence. The district court adopted the PSR and sentenced
Riley to 210 months imprisonment. Riley now appeals his