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United States Ninth Circuit


US v. Snyder, Nos. 10–302148, 10–30149.

Sentencing of defendant for being a felon in possession of a firearm, 18 U.S.C. section 922(g)(1), is affirmed where district court properly held that defendant's conviction for second degree burglary under state law, ORS section 811.540(1), qualified as a violent felony under ACCA, but reversed where the court erred in ruling that defendant's prior conviction for felony attempt to elude the police, ORS section 811.540(1), was not a violent felony under ACCA.

Appellate Information

  • Decided 06/30/2011
  • Published 06/30/2011

Judges

  • BEA, Before A. WALLACE TASHIMA, CARLOS T. BEA, and SANDRA S. IKUTA, Circuit Judges.

Court

  • United States Ninth Circuit

Counsel

  • For Appellant:
  • Donald L. Scales, Medford, OR, Attorney for Snyder., Douglas W. Fong, Assistant U.S. Attorney, Medford, OR, Kelly A. Zusman, Assistant U.S. Attorney, Portland, OR, Attorneys for the United States.

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