United States v. Snyder, No. 10-30148 (9th Cir. 2011)
Annotate this CaseDefendant pleaded guilty to one count of being a felon in possession of a firearm in violation of the Armed Career Criminal Act (ACCA), 18 U.S.C. 922(g)(1). At issue was whether a February 2000 conviction for burglary in the second degree under Oregon Revised Statutes (ORS) 164.215 was a predicate offense under the ACCA and that a May 1999 conviction for felony attempt to elude the police under ORS 811.540(1) was not a predicate offense under the ACCA. The court held that, although burglary in the second degree was not categorically a violent felony under the ACCA, defendant's conviction was a violent felony under the modified categorical approach. The court also held that felony attempt to elude police was a violent felony under the ACCA where the prohibition fell within the residual clause of section 924(e)(2)(B)(ii) in that flight presented a serious potential risk of physical injury to another. Accordingly, the court reversed the district court's ruling that defendant's prior conviction for felony attempt to elude the police was not a violent felony and affirmed the district court's ruling that defendant's conviction for second degree burglary qualified as a violent felony. Because defendant had three prior violent felony convictions, the court remanded for resentencing under the mandatory minimum sentence in section 914(e)(1).
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