United States v. Michael Martinez

Michael Anthony Martinez appeals his fifteen-year mandatory-minimum sentence imposed under the Armed Career Criminal Act (“ACCA”), 18 U.S.C. § 924 (e). Martinez contends that the district court erred in concluding that his prior conviction under California Vehicle Code § 2800.2, vehicle flight from a pursuing peace officer, was a “violent felony” under the ACCA’s residual clause, 18 U.S.C. § 924 (e)(2)(B)(ii). We affirm.

I. BACKGROUND

Martinez pled guilty to being a felon in possession of ammunition, in violation of 18 U.S.C. § 922 (g)(1). At sentencing, the parties disputed whether Martinez’s criminal history included three prior “violent felony” convictions. If it did, he would qualify as an armed career criminal and face the ACCA’s fifteen-year mandatory-minimum sentence. Martinez conceded that he had two prior violent felonies for domestic violence, but argued that his 2006 California Vehicle Code § 2800.2 conviction was not a violent felony under the ACCA. The district court held that Martinez’s conviction under section 2800.2 was an ACCA predicate violent felony, and imposed a mandatory-minimum sentence of fifteen years.

II. DISCUSSION

We review de novo whether…