Yocum
Yocum v. United States
Opinion
Lead Opinion
MEMORANDUM **
Petitioner Ryan Alan Yocum appeals the district court’s order denying his 28 U.S.C. § 2255 motion, which challenges the sentence imposed following his plea of guilty to a charge of being a felon in possession of a firearm. We affirm.
1. Petitioner argues primarily that third-degree assault under Washington law, Wash. Rev.Code § 9A.36.031, is not a “violent felony” and therefore that his two convictions for third-degree assault may not serve as a predicate for application of the Armed Career Criminal Act (ACCA) enhancement, 18 U.S.C. § 924 (e)(1). He also argues that one of his convictions for third-degree assault was “expunged” and may not be counted for that reason. We need not reach those interesting issues.
Petitioner was convicted of theft from a person, Wash. Rev.Code § 9A.56.030(l)(b), in 1995. That was a violent felony under the ACCA. United States v. Wofford, 122 F.3d 787, 793-94 (9th Cir.1997). For acts committed in a separate incident, Petitioner was convicted of residential burglary, Wash. Rev.Code § 9A.52.025, in 1995. That was a violent felony under the ACCA, as Petitioner concedes on appeal and as this court held in United States v. Yocum, 225 F.3d…