Greenberg

United States v. Greenberg

Good Law
104 F. App'x 34
United States Court of Appeals for the Ninth CircuitJuly 16, 2004No. 03-30138California567 words

Opinion

Lead Opinion

MEMORANDUM **

Thomas Greenberg challenges the district court’s imposition of a 15-year sentence for his conviction of illegal weapons possession under 18 U.S.C. § 922 (g). We affirm the decision below.

The district court properly held that Greenberg’s guilty plea to third-degree assault in Alaska constituted a prior conviction of a violent felony within the meaning of the sentencing enhancement provisions of the Armed Career Criminal Act (“ACCA”), 18 U.S.C. § 924 (e). The ACCA imposes a minimum sentence of 15 years on a defendant who has violated 18 U.S.C. § 922 (g) and has “three previous convictions ... for a violent felony or a serious drug offense.” 18 U.S.C. § 924 (e)(1). The statute defines a “violent felony” as any *35 crime punishable by more than one year in prison

18 U.S.C. § 924 (e)(2)(B). The Supreme Court has mandated a “categorical approach” to sentencing under the ACCA, holding that § 924(e)(2)(B)(ii) “generally requires the trial court to look only to the fact of conviction and the statutory definition of the prior offense.” Taylor v. United States, 495 U.S. 575, 602 , 110 S.Ct. 2143 , 109 L.Ed.2d 607 (1990). The underlying statute for Greenberg’s prior offense,…

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