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245 F.3d 1256

Docket No. 00-13325

United States v. Ray

Eleventh Circuit Court of Appeals

Decided March 26, 2001.

Eleventh Circuit Court of Appeals · decided 2001-03-26

<p>Non-Argument Calendar.</p>

Cited by 5 later decisions — most recently January 2017

4 federal appellate ·

2 counsel of record

Relies on United States v. McClenton

Good law ✅— No negative treatment on recordhow we know

Opinion by (per_curiam) · Decided 2001-03-26

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¶1Non-Argument Calendar.

¶2*1257Stephen F. Greenberg, Weiner, Shea-rouse, Weitz, Greenberg & Shawe, Savannah, GA, for Defendant-Appellant.

¶3Amy Lee Copeland, U.S. Atty., Savannah, GA, for Plaintiff-Appellee.

¶4Before EDMONDSON, BIRCH and BARKETT, Circuit Judges.

¶5PER CURIAM:

¶6Melvin Ray appeals his 37-month sentence imposed upon his plea of guilty to possession of a firearm by a convicted felon.

¶7Ray pled guilty to possession of a firearm by a convicted felon pursuant to a plea agreement. The PSI recommended that Ray be given a base offense level of 20 because Ray was previously convicted of a violent crime (burglary), and under U.S.S.G. § 2K2.1(a)(4)(A) a defendant receives a base level of 20 if “the defendant had one prior felony conviction of either a crime of violence or a controlled substance offense.” The PSI explained that in 1992, Ray was convicted of burglary when he “entered Room 156 at the Ramada Inn.... According to the defendant, he was dared by a friend to enter a room where the door had been left open.”

¶8That Ray burglarized a hotel room is undisputed. Ray, however, objected to the PSI’s determination that his burglary of a hotel room constituted the burglary of a “dwelling.” The sentencing court adopted the PSI findings and sentenced Ray to 37 months in prison.

¶9We follow the Third Circuit’s decision in United States v. McClenton, 53 F.3d 584 (3rd Cir.1995): a hotel guest room — occupied or not — constitutes a “dwelling” under the pertinent Guidelines.

¶10AFFIRMED.

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