Striet
United States v. Striet
Opinion
Lead Opinion
MEMORANDUM *
Timothy Striet appeals the district court’s decision that his three prior state court convictions qualified as “violent felonies” for purposes of the Armed Career Criminal Act (“ACCA”). 1 Because of the ACCA designation, Striet was subject to a sentence of not less than fifteen years, and was subsequently sentenced to 188 months’ imprisonment following his plea of guilty to violating 18 U.S.C. § 922 (g)(1). We have jurisdiction pursuant to 28 U.S.C. § 1291 , and we affirm.
We take judicial notice of the Certification for Determination of Probable Cause (“CDPC”), 2 which clearly establishes that Striet’s assault conviction “involve[d] conduct that present[ed] a serious potential risk of physical injury to another.” 3 It is immaterial that Striet now disputes the allegations in the CDPC, because in the plea agreement from his assault conviction he stipulated to those allegations for purposes of sentencing in state court.
*886 The indictments and guilty pleas pertaining to Striet’s burglary convictions indicate that he entered buildings “with common street addresses.” 5 Thus, we also count both of Striet’s burglary convictions as “violent felonies” under ACCA.