United States v. Ronald Lester Parry

Good Law
479 F.3d 722·2007 WL 754767·2007 U.S. App. LEXIS 5835
United States Court of Appeals for the Ninth CircuitMarch 14, 200705-30522California1,720 words

Opinion

Opinion

Graber, J.

Defendant Ronald Lester Parry was convicted of being a felon in possession of a firearm after previously having been convicted for three serious drug offenses, possessing methamphetamine with the intent to distribute it, and possessing a firearm in furtherance of a drug-trafficking crime. He appeals his sentence on the ground that the district court erred by concluding that three of his prior convictions were predicate offenses under 18 U.S.C. § 924 of the Armed Career Criminal Act of 1984 (“ACCA”). We hold that Defendant’s pri- or convictions were correctly characterized as “serious drug offenses” under ACCA because Oregon “preseribe[s] by law” a “maximum term of imprisonment” of 10 years or more for delivery of methamphetamine. 18 U.S.C. § 924 (e)(2)(A)(ii). Accordingly, we affirm.

FACTUAL AND PROCEDURAL BACKGROUND

In December 2003, Defendant was driving his truck on an Oregon highway. Suspecting from his manner of driving that Defendant was under the influence of intoxicants and noticing that Defendant’s front-seat passenger was not wearing a seatbelt, a police officer signaled him to stop. As Defendant pulled over to the side of the road, someone in the car threw out of the…

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