UNITED STATES of America, Plaintiff-Appellee, v. Michael Lee SPARKS, Defendant-Appellant

Michael Lee Sparks appeals his conviction of being a felon in possession of a firearm in violation of 18 U.S.C. §§ 922 (g)(1) and 924(a)(2) and of possession of a short-barrel shotgun in violation of 26 U.S.C. §§ 5861 (d), 5845(a) and 5871 and his sentencing as an armed career criminal under 18 U.S.C. § 924 (e). We affirm the judgments of the convictions but reverse and remand for re-sentencing, holding that the crime of attempted home invasion, as defined by Nevada law, is not a crime that presents a serious potential risk of physical injury to another.

FACTS

At about 1:15 p.m. on the afternoon of November 8, 1993, Sparks was driving an automobile, with his girlfriend as a passenger, through the city of Reno. A minor traffic accident occurred. According to a bystander, Sparks jumped out of the car, took a shotgun out of the driver’s seat and hid it in the back part of the trunk area of the car. The bystander called in his observations, and two police officers came to the scene of the accident. While Officer Wilsey was interrogating Sparks, the helpful bystander pointed Sparks out to Officer David Fogarty as the one who had hid the shotgun. Fogarty then asked Sparks if he had a…