United States v. Werle, No. 16-30181 (9th Cir. 2017)
Annotate this CaseIn 2014, defendant-appellant Justin Werle was indicted in Washington State for the unlawful possession of a firearm and ammunition, and possession of an unregistered firearm. Werle pled guilty to both counts. The district court found that Werle had seven prior qualifying convictions under the Armed Career Criminal Act and was therefore subject to a fifteen-year mandatory minimum sentence. This finding was based in part on the district court’s determination that the Washington riot statute was categorically a violent felony for the purposes of the ACCA. A different panel of the Ninth Circuit Court of Appeals held that the Washington riot statute was not categorically a violent felony, and the case was remanded for resentencing in light of the opinion. On remand, the district court imposed a sentence enhancement under U.S.S.G. section 2K2.1(a) due to Werle’s prior convictions for felony harassment via a threat to kill under Washington Revised Code section 9A.46.020(2)(b)(ii), finding that those convictions were crimes of violence. The district court then calculated Werle’s sentencing guideline range to be between 130 and 162 months, and concluded that a total sentence of 140 months was appropriate. Werle appealed, but finding no reversible error, the Ninth Circuit affirmed the sentence.
Court Description: Criminal Law The panel affirmed the district court’s imposition of a sentence enhancement under U.S.S.G. § 2K2.1(a) based on the defendant’s prior convictions for felony harassment under Washington Revised Code § 9A.46.020(2)(b)(ii). The panel held that because a conviction under § 9A.46.020(2)(b)(ii) necessarily includes a “threatened use of physical force against the person of another,” a conviction under that section is categorically a crime of violence under § 2K2.1(a)(1).
Some case metadata and case summaries were written with the help of AI, which can produce inaccuracies. You should read the full case before relying on it for legal research purposes.
This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.