United States of America, Plaintiff-Appellee-Cross-Appellant v. Edward Harry Weekley, Defendant-Appellant-Cross-Appellee
Opinion
Opinion
Wright, J.
Opinion by Judge WRIGHT.
A risk is a risk. But a risk of a risk is not enough of a risk. Every predicate attempted burglary conviction under the Armed Career Criminal Act must encompass conduct posing a risk of violent confrontation. It is not enough that most convictions would encompass such conduct.
BACKGROUND
The district court sentenced Edward Weekley to 65 months imprisonment for being a felon in possession of a firearm. 18 U.S.C. § 922 (g). The government argued that because he had three prior violent felony convictions, two for burglary and one for attempted burglary, he should have been sentenced to 15 years as an Armed Career Criminal.
Chief Judge Quackenbush ruled that it was unclear from Washington’s attempt statute if the attempted burglary conviction involved conduct that presented a serious potential risk of physical injury to others. United. States v. Weekley, 790 F.Supp. 223, 230 (E.D.Wash.1992). So it was unclear if the Washington attempt conviction was a violent felony within the meaning of the Armed Career Criminal Act, 18 U.S.C. § 924 (e)(1) (ACCA). Id. He. applied the rule of lenity and disqualified the conviction. Id. The government…