United States Ninth Circuit

Defendant successfully argued that burglary of an occupied building did not constitute a crime of violence under USSG Section 4B1.2(a)(2), where the parties agreed "occupied" did not refer to a person's physical presence.

Appellate Information

• Argued 10/10/2003
• Decided 07/07/2004
• Published 07/07/2004

Judges

• CUDAHY, Circuit Judge:, Before CUDAHY,BEEZER and KLEINFELD, Circuit Judges.

Court

• United States Ninth Circuit

Counsel

• For Appellees:
  
• John C. Lambrose, Assistant Federal Public Defender, Las Vegas, NV, for the defendant-appellant., Peter Ko, Assistant U.S. Attorney, Las Vegas, NV, for the plaintiff-appellee.