Peterson

United States v. Peterson

Good Law
471 F. App'x 566
United States Court of Appeals for the Ninth CircuitOctober 24, 201107-30465California375 words

Opinion

Opinion

ORDER

The Memorandum Disposition filed October 27, 2009, is hereby ordered WITHDRAWN.

Appellee’s petition for panel rehearing, filed November 10, 2009, is DENIED as moot.

MEMORANDUM

Jonathan Peterson appeals the district court’s imposition of a career offender sentence enhancement pursuant to section 4Bl.l(a) of the U.S. Sentencing Guidelines. Peterson argues that the district court improperly determined that his prior Oregon state convictions for vehicle flight pursuant to Or.Rev.Stat. § 811.540(l)(b)(A) were “crimes of violence” under the modified categorical approach of Taylor v. United States, 495 U.S. 575, 602 , 110 S.Ct. 2143 , 109 L.Ed.2d 607 (1990). We have jurisdiction under 28 U.S.C. § 1291 and affirm.

In Sykes v. United States, — U.S. -, 131 S.Ct. 2267 , 180 L.Ed.2d 60 (2011), the Court held that Indiana’s felony vehicle flight statute categorically qualifies as a “violent felony” for purposes of the residual clause of the Armed Career Criminal Act, 18 U.S.C. § 924 (e)(2)(B). Because cases interpreting the term “violent felony” are controlling as to whether a particular offense constitutes a “crime of violence” under the Guidelines as well, see United States v.…

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