United States v. Jorge Cisneros

Jorge Armando Cisneros appeals the district court’s decision that six of his past convictions — three convictions for fleeing or attempting to elude a police officer, two convictions for first-degree burglary, and one conviction for conspiracy to commit delivery of a controlled substance — qualify as predicate offenses under the Armed Career Criminal Act (“ACCA”). See 18 U.S.C. § 924 (e). Cisneros concedes that his drug offense qualifies as an ACCA predicate offense under United States v. Parry, 479 F.3d 722, 724-25 (9th Cir.2007). Therefore, only two more of his convictions must qualify as ACCA predicate offenses for Cisneros to receive ACCA’s mandatory minimum sentence of 180 months’ imprisonment. See 18 U.S.C. § 924 (e)(1).

Cisneros’s three convictions for fleeing or attempting to elude police officers under Oregon Revised Statutes section 811.540(1) constitute “violent felon[ies]” under ACCA’s residual clause. Because section 811.540(1) contains alternative elements for fleeing from a police officer in a vehicle and fleeing on foot, the statute is divisible. See Descamps v. United States , — U.S. -, 133 S.Ct. 2276, 2284 , 186 L.Ed.2d 438 (2013). We may therefore…