United States v. Craig Allen Ladwig

We consider whether a felony conviction for making a harassing telephone call under Washington state law, R.C.W. § 9.61.230(3)(b) (2002), is a predicate offense under the Armed Career Criminal Act (ACCA), 18 U.S.C. § 924 (e). We hold-that it is.

I

On November 4, 2003, a federal grand jury in the Eastern District of Washington indicted Craig Allen Ladwig on two counts of being a felon in possession of a firearm in violation of 18 U.S.C. § 922 (g)(1). Lad-wig pled guilty to Count Two of the indictment on March 3, 2004. The Presentence Report, prepared pursuant to Fed. R.Crim.P. 32, indicated that the ACCA should apply because Ladwig had three prior convictions for committing violent felonies. These convictions were under Washington law, and included a conviction for making a harassing telephone call under R.C.W. § 9.61.230(3)(b) and eonvic- ■ tions for second degree burglary and attempted second degree rape.

On September 3, 2004, the district court conducted a sentencing hearing, and heard argument on whether Ladwig’s convictions for second degree burglary and making a harassing telephone call qualified as predicate offenses under the ACCA. The district court concluded that…