Ogle

MEMORANDUM **

Daniel Ogle was convicted of being a felon in possession of a firearm. The United States appeals the district court’s sentencing decisions, (1) finding that Ogle’s previous offenses were not crimes of violence, and (2) denying a four level increase under the sentencing guidelines for possession of a firearm “in connection with drug trafficking.” We have jurisdiction under 28 U.S.C. § 1291 and we affirm in part and remand in part.

1. Crime of Violence

The district court correctly concluded that Ogle’s prior convictions for attempting to elude a police vehicle were not “crimes of violence.” The convictions do not constitute “crimes of violence” under the categorical approach, see United States v. Wenner, 351 F.3d 969, 972 (9th Cir.2003), because, under Washington law, an attempt to elude a police vehicle does not necessarily involve “physical force against the person of another” or “a serious potential risk of physical injury to another.” U.S.S.G. § 4B1.2(a). Rather, the offense could involve only harm to property. See Revised Code of Washington 46.61.024 (“Attempting to elude police vehicle” includes driving a vehicle “in a manner indicating a wanton or wilful…