Filed: Mar. 09, 2020
Latest Update: Mar. 09, 2020
Summary: NOT PRECEDENTIAL UNITED STATES COURT OF APPEALS FOR THE THIRD CIRCUIT _ No. 18-3607 _ UNITED STATES OF AMERICA v. LEE SOKALSKY, Appellant On Appeal from the United States District Court for the Middle District of Pennsylvania District Court No. 3-15-cr-00040-001 District Judge: The Honorable Robert D. Mariani Submitted Pursuant to Third Circuit L.A.R. 34.1(a) March 6, 2020 Before: SMITH, Chief Judge, HARDIMAN, and KRAUSE, Circuit Judges (Filed: March 9, 2020) _ OPINION* _ SMITH, Chief Judge. * T
Summary: NOT PRECEDENTIAL UNITED STATES COURT OF APPEALS FOR THE THIRD CIRCUIT _ No. 18-3607 _ UNITED STATES OF AMERICA v. LEE SOKALSKY, Appellant On Appeal from the United States District Court for the Middle District of Pennsylvania District Court No. 3-15-cr-00040-001 District Judge: The Honorable Robert D. Mariani Submitted Pursuant to Third Circuit L.A.R. 34.1(a) March 6, 2020 Before: SMITH, Chief Judge, HARDIMAN, and KRAUSE, Circuit Judges (Filed: March 9, 2020) _ OPINION* _ SMITH, Chief Judge. * Th..
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NOT PRECEDENTIAL
UNITED STATES COURT OF APPEALS
FOR THE THIRD CIRCUIT
_____________
No. 18-3607
_____________
UNITED STATES OF AMERICA
v.
LEE SOKALSKY,
Appellant
On Appeal from the United States District Court
for the Middle District of Pennsylvania
District Court No. 3-15-cr-00040-001
District Judge: The Honorable Robert D. Mariani
Submitted Pursuant to Third Circuit L.A.R. 34.1(a)
March 6, 2020
Before: SMITH, Chief Judge, HARDIMAN, and KRAUSE, Circuit Judges
(Filed: March 9, 2020)
_____________________
OPINION*
_____________________
SMITH, Chief Judge.
*
This disposition is not an opinion of the full Court and pursuant to I.O.P. 5.7 does
not constitute binding precedent.
Lee Sokalsky pleaded guilty to four counts of bank robbery by force,
violence or intimidation in violation of 18 U.S.C. § 2113(a). The presentence
investigation report classified Sokalsky as a career offender under United States
Sentencing Guideline (U.S.S.G.) § 4B1.1. Sokalsky objected to the career offender
classification, arguing that the § 2113(a) offense did not constitute a crime of
violence as defined in U.S.S.G. § 4B1.2(a). The District Court disagreed and
sentenced Sokalsky to 151 months of incarceration on each count to run
concurrently. This timely appeal followed. 1 We will affirm.
The only issue on appeal is whether bank robbery by intimidation under
§ 2113(a) categorically constitutes a crime of violence. We exercise plenary
review of a district court’s decision that a conviction qualifies as a crime of
violence under U.S.S.G. § 4B1.2(a). United States v. Wilson,
880 F.3d 80, 83 (3d
Cir. 2018).
Sokalsky acknowledges that in Wilson, we “join[ed] our sister circuits in
holding that bank robbery by intimidation, as set forth in [18 U.S.C.] § 2113(a),
categorically qualifies as a crime of violence under [U.S.S.G.] § 4B1.2(a)’s
‘elements’ clause.”
Id. at 88. Nonetheless, he asserts that Wilson “was wrongly
decided.” Appellant’s Br. 12. Wilson is binding on this panel. See 3d Cir. I.O.P.
1
The United States District Court for the Middle District of Pennsylvania had
jurisdiction pursuant to 18 U.S.C. § 3231. This Court has jurisdiction pursuant to
28 U.S.C. § 1291 and 18 U.S.C. § 3742(a).
2
9.1 (2018). Accordingly, we conclude that the District Court did not err by
applying § 4B1.1’s career-offender enhancement in this case. We will affirm.
3