Chavez-Echeverria

FOR PUBLICATION

UNITED STATES COURT OF APPEALS

FOR THE NINTH CIRCUIT

UNITED STATES OF AMERICA, No. 24-4723 D.C. No. Plaintiff - Appellee, 3:23-cr-00144-

HZ-

v.

JESSIE CHAVEZ-ECHEVERRIA, OPINION

Defendant - Appellant.

Appeal from the United States District Court for the District of Oregon Marco A. Hernandez, District Judge, Presiding

Argued and Submitted October 23, 2025 Portland, Oregon

Filed March 25, 2026

Before: William A. Fletcher, Morgan B. Christen, and Andrew D. Hurwitz, Circuit Judges.

Opinion by Judge Christen USA V. CHAVEZ-ECHEVERRIA

SUMMARY *

Criminal Law

Affirming Jessie Chavez-Echeverria’s sentence, the panel held that the district court properly increased his base offense level pursuant to U.S.S.G. § 2K2.1(a)(1) on the ground that his prior sentence for attempted first-degree assault under Or. Rev. Stat. §§ 163.185(1)(a), 161.405 qualifies as a crime of violence. Under United States v. Linehan, 56 F.4th 693, 702 (9th Cir. 2022), “attempted use” of physical force means a “substantial step” toward the use of physical force. Linehan adopted this established meaning of “attempt” without requiring the…