United States v. Gerriell Talmore

MEMORANDUM

Gerriell Elliott Talmore appeals from the district court’s judgment. He challenges the 33-month sentence imposed by the district court on the ground that his prior conviction for California first-degree burglary does not qualify as a “crime of violence.” We have jurisdiction under 28 U.S.C. § 1291 and we affirm.

Talmore pled guilty in 2018 to violating 18 U.S.C. § 922 (g)(1), which prohibits convicted felons from carrying firearms and ammunition. He had previously been convicted, inter alia, of first-degree burglary under Section 459 of the California Penal Code. Relying on United States v. Park, 649 F.3d 1175 (9th Cir.2011), the district court held that Talmore’s prior conviction was for a “crime of violence” under Section 4B1.2(a) of the U.S. Sentencing Guidelines, and on that basis imposed a sentence enhancement.

Talmore argues that the Supreme Court’s decisions in Descamps v. United States, — U.S. -, 133 S.Ct. 2276 , 186 L.Ed.2d 438 (2013), Alleyne v. United States, - U.S. -, 133 S.Ct. 2151 , 186 L.Ed.2d 314 (2013), and Moncrieffe v. Holder, — U.S. -, 133 S.Ct. 1678 , 185 L.Ed.2d 727 (2013), are “clearly irreconcilable” with Park , and that Park therefore must be…