United States v. Kenneth Door

MEMORANDUM

In a memorandum disposition filed April 5, 2016, we affirmed Door’s conviction. Regarding Door’s sentence: (1) We held that Door was not subject to an enhancement for possessing a destructive device, U.S.S.G. § 2K2.1(b)(3)(B); (2) We held that the district court had not made the requisite findings for us to determine whether Door was subject to enhancements for possessing a firearm in connection with another felony offense, U.S.S.G. § 2K2.1(b)(6)(B), and for obstruction of justice, U.S.S.G. § 3C1.1; and (3) We deferred resolution of the question whether Door’s six prior convictions for second-degree burglary in Washington State were violent felonies under 18 U.S.C. § 924 (e)(1), making him an armed career criminal, until the Supreme Court’s decision in Mathis v. United States, — U.S. -, 136 S.Ct. 2243 , 195 L.Ed.2d 604 (2016).

The Supreme Court filed its opinion in Mathis on June 23, 2016, explicitly holding that a state statute is not categorically a violent felony when its elements include alternate means of committing an offense that sweep broader than the elements of the federal generic definition. Id. at 2250-51, 2253, 2256 (2016). In supplemental briefs, Door…