United States v. Park, No. 09-50609 (9th Cir. 2011)
Annotate this CaseDefendant pleaded guilty to being a felon in possession of a firearm, which was prohibited by 18 U.S.C. 922(g)(1). The government subsequently appealed from defendant's 37 month sentence, arguing that the district court erred when it refused to impose a "crime of violence" sentencing enhancement based on his prior conviction of first-degree burglary in California. The court held that a violation of California's first-degree burglary statute was a "crime of violence" under U.S.S.G. 4B1.2(a)'s residual clause and therefore, the court vacated the sentence and remanded for resentencing so that the district court could accurately calculate the correct Sentencing Guidelines range.
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