United States Ninth Circuit

Defendant's sentence for being a felon in possession of a firearm is affirmed where defendant qualified as a career offender because: 1) the statute of defendant's prior conviction contemplated bodily harm to the victim as a prerequisite to conviction; and 2) subsection (1)(b) of Oregon's second-degree assault statute clearly involved "purposeful, violent, and aggressive conduct."

Appellate Information

• Argued 03/03/2010
• Decided 07/23/2010
• Published 07/23/2010

Judges

• Milan D. Smith, Jr.

Court

• United States Ninth Circuit

Counsel

• For Appellant:
  
• Francesca Freccero, Stephen F. Peifer