Davidson

United States v. Davidson

Good Law
177 F. App'x 693
United States Court of Appeals for the Ninth CircuitApril 20, 2006No. 05-30141California893 words

Opinion

lead Opinion

MEMORANDUM *

Appellant Matthew C. Davidson appeals his conviction and the district court’s deci *694 sion to enhance his sentence under the Armed Career Criminal Act (“ACCA”), 18 U.S.C. § 924 (e)(1). We have jurisdiction pursuant to 28 U.S.C. § 1291 and 18 U.S.C. § 3742 (a). We affirm the conviction and the sentence.

The district court did not abuse its discretion in allowing the government to introduce Davidson’s 1991 burglary conviction and one of his four 1983 burglary convictions. 1 The government had to introduce one of Davidson’s prior felony convictions to prove he was a felon in possession because he refused to stipulate to his status as a felon. See United States v. Weiland, 420 F.3d 1062, 1078 (9th Cir.2005). The district court properly allowed the government to introduce a second felony conviction to protect against reversal in the event of a defect in one of the convictions. See id. (explaining that the government can “hedge its bets ... against reversal based upon improperly admitted evidence”). The 1991 and 1983 convictions were distinguishable because separate courts entered them for separate incidents nearly a decade apart. Compare id. (finding an abuse of…

Sign in to read the full opinion

Create a free account to read the complete opinion text, citation history, and good-law status for this case.