United States v. Charles Ellison

MEMORANDUM

Charles FranMin Ellison pled guilty to an indictment charging him, among other things, as an Armed Career Criminal. The Armed Career Criminal Act (“ACCA”) imposes a 15-year mandatory minimum sentence on a person convicted of being a felon in possession of a firearm who “has three previous convictions ... for a violent felony or a serious drug offense.” 18 U.S.C. § 924 (e)(1). Ellison admits that his two drug convictions qualify as predicate felonies under the ACCA, but argues that his conviction for Oregon first-degree burglary, Or.Rev.Stat. § 164.225, does not. The district court rejected his argument. Reviewing de novo, United States v. Grisel, 488 F.3d 844, 846 (9th Cir.2007) (en banc), we affirm.

1. The ACCA’s residual clause defines “violent felony” to include “any crime pun ishable by imprisonment for a term exceeding one year” that “otherwise involves conduct that presents a serious potential risk of physical injury to another.” 18 U.S.C. § 924 (e)(2)(B). We have previously held that Oregon first-degree burglary categorically qualifies as a violent felony under the ACCA’s residual clause. United States v. Mayer, 560 F.3d 948, 963 (9th Cir.2009).

2. Ellison…