Case o' The Week: The 411 on 211 – Bankston and California Robbery and Guideline "Crime of Violence" (CPC 211)

The Hon. Judge Marsha Berzon  “Why the hell did [the Sentencing Commission”] do it this way? It’s ridiculous!” . . .  “I feel like calling them up and asking them!”  So fumed Judge Berzon when wrestling with the 2016 amendment to the guideline definition of “crime of violence.” See Nickles, III oral argument, here.   Happily, Judge Berzon now gives the Commission a welcome interpretation assist.United States v. Bankston, 2018 WL 4016853 (9thCir. Aug. 23, 2018), decision available here; see also United States v. Nickles III, 2018 WL 4018144 (9th Cir. Aug. 23, 2018).Players: Decision by Judge Berzon, joined by Judges Wallace and Callahan.   Important win for AFPDs Grace DiLaura (argued) and Todd Borden on the briefs, Northern District of California FPD. Facts: In 2015 Bankston pleaded guilty to being a felon in possession of a firearm. Id. N.D. Cal District Judge Illston agreed with the defense,…

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