Beckman

United States v. Beckman

Good Law
140 F. App'x 676
United States Court of Appeals for the Ninth CircuitJuly 29, 2005No. 03-30586; D.C. No. CR-03-00096-RRBCalifornia475 words

Opinion

Lead Opinion

MEMORANDUM **

Defendant Michael Lee Beckman pled guilty to one count of unlawful possession of a handgun in violation of 18 U.S.C. §§ 922 (g)(1), 924(a)(2) and 924(e), and one count of possession of a stolen firearm in violation of 18 U.S.C. §§ 922 (j) and 924(a)(2). The unlawful possession count triggered the provisions of 18 U.S.C. § 924 (e)(1), the Armed Career Criminal Act (the “ACCA”), pursuant to which the district court imposed a 180-month mandatory minimum sentence. Beckman challenges his sentence, arguing the ACCA should not have been applied in his case.

The Armed Career Criminal Act requires the imposition of a 15-year minimum sentence when a defendant is convicted of an offense under 18 U.S.C. § 922 (g) and has been convicted previously of three “violent felonies.” 18 U.S.C. § 924 (e)(1). Beckman contends that the district court erred because one of his *677 predicate offenses, a second-degree burglary conviction under Aaska law, does not constitute a “violent felony” for purposes of the ACCA. We review that question de novo. See United States v. Sweeten, 933 F.2d 765, 768 (9th Cir.1991).

Athough the ACCA expressly includes “burglary” in its definition of “violent…

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