Christensen

I. Background

Christensen has a history of drug abuse and other problems with the law, including prior felony convictions. In early 2004, he had outstanding warrants for his arrest for third degree theft and for failure to report to the Washington State Department of Corrections. Hoping to get her son help with his drug abuse, Christensen’s mother informed the Spokane County Sheriff’s Office that Christensen would be in the parking lot of a Petco Store on the afternoon of February 17, 2004. When Christensen and his mother drove into the park- ing lot, he was arrested without incident. He had two bullets (but no gun) in his backpack.

Christensen pled guilty to being a felon in possession of ammunition in violation of 18 U.S.C. §§ 922(g)(1) and 924. The maximum sentence for being a felon in possession of ammunition is ten years. See id. § 924(a)(2). However, the government sought to enhance the sentence under the ACCA based on three prior convictions for “violent felon[ies].” Id. § 924(e)(2)(B). The mandatory minimum sentence under the ACCA is fifteen years. See id. § 924(e)(1).

One of the felonies on which Christensen’s sentence enhancement was based was a conviction for…