United States v. Ronald McGregor

MEMORANDUM

Ronald McGregor appeals the district court’s denial of his motion to suppress and his fifteen-year mandatory-minimum sentence imposed under the Armed Career Criminal Act (“ACCA”), 18 U.S.C. § 924 (e)(1), following his bench-trial conviction of being a felon in possession of a firearm and ammunition, in violation of 18 U.S.C. § 922 (g)(1). We have jurisdiction under 28 U.S.C. § 1291 and 18 U.S.C. § 3742 . We review de novo a district court’s denial of a motion to suppress. United States v. Brown, 563 F.3d 410, 414 (9th Cir.2009). We also review de novo whether a prior conviction constitutes a predicate felony under the ACCA. United States v. Grisel, 488 F.3d 844, 846 (9th Cir.2007) (en banc). We affirm the court’s denial of the motion to suppress, but vacate McGregor’s sentence in light of Johnson v. United States, — U.S. -, 135 S.Ct. 2551 , 192 L.Ed.2d 569 (2015).

First, McGregor contends that the district court erred by denying his motion to suppress evidence obtained after a war-rantless entry into an apartment. However, the district court properly determined that the emergency exception applied because, considering the totality of the circumstances, it was…