United States Ninth Circuit

A conviction and sentence for being a felon in possession of firearms is affirmed where: 1) federal law controls what defendant could possess, and thus it did not matter that Oregon did not criminalize his possession of ammunition; and 2) a claim, that defendant's predicate offenses were insufficiently serious to impose penalties under the Armed Career Criminal Act, is rejected. (Amended opinion)

Appellate Information

• Argued 02/08/2007
• Decided 12/20/2007
• Published 03/10/2008

Judges

• Before DAVID R. THOMPSON, ANDREW J. KLEINFELD, and JAY S. BYBEE, Circuit Judges.

Court

• United States Ninth Circuit

Counsel

• For Appellant:
  
• Richard L. Fredericks, P.C., Eugene, OR, for the appellant.


• For Appellees:
  
• Frank R. Papagni, Jr., Assistant U.S. Attorney, Eugene, OR, for the appellee.