Adams

Ronald Adams, Jr. (“Adams”) appeals his 180-month sentence for being a felon in possession of a firearm in violation of 18 U.S.C. § 922 (g), arguing that the district court erred in sentencing him under the Armed Career Criminal Act (“ACCA”), 18 U.S.C. § 924 (e)(1). Adams argues that the government failed to prove under the modified categorical approach that his 1986 conviction for second degree burglary-under Or.Rev.Stat. § 164.215 qualified as a predicate conviction for purposes of the ACCA. We agree, and therefore reverse and remand for resentencing.

We have jurisdiction under 28 U.S.C. § 1291 , and we review de novo whether a prior conviction is a predicate felony under § 924(e). United States v. Grisel, 488 F.3d 844, 846 (9th Cir.2007) (en banc).

1. First, the government argues that under the modified categorical approach as set forth in Taylor v. United States, 495 U.S. 575 , 110 S.Ct. 2143 , 109 L.Ed.2d 607 (1990), the available conviction records show that Adams necessarily admitted to burglarizing a “building or structure,” and therefore his 1986 conviction qualified as a generic burglary for purposes of the ACCA. We disagree.

The two documents on which the government…