United States Ninth Circuit

In government's appeal of defendant's 37-month sentence for conviction of being a felon in possession of a firearm, prohibited by 18 U.S.C. section 922(g)(1), sentence is vacated and remanded for resentencing where the district court erred when it refused to impose a “crime of violence” sentencing enhancement based on defendant’s prior conviction for first-degree burglary in California, because California first-degree burglary is categorically a “crime of violence” under U.S.S.G. section 2K2.1(a).

Appellate Information

• Decided 06/17/2011
• Published 06/17/2011

Judges

• Wallace

Court

• United States Ninth Circuit

Counsel