Yocum

Yocum v. United States

Good Law
82 F. App'x 193
United States Court of Appeals for the Ninth CircuitDecember 3, 2003No. 02-35391; D.C. Nos. CV-01-00694-TSZ, CR-98-00573-WLDCalifornia486 words

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…

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