Ezell

MEMORANDUM *

Terry Lamell Ezell (“Ezell”) appeals the district court’s denial of his motion to exclude evidence, and challenges the district court’s imposition of a 262-month sentence pursuant the Armed Career Criminal Act (“ACCA”), 18 U.S.C. § 924 (e).

The district court did not abuse its discretion in denying Ezell’s motion to exclude evidence found on his person and in his truck on the night of the arrest. See United States v. McFall, 558 F.3d 951, 960 (9th Cir.2009). The disputed evidence was relevant to Ezell’s credibility and state of mind, and tended to undermine his assertion that he was in a “sleep state” prior to his arrest.

Neither did the district court err in imposing a 262-month sentence under the ACCA. A defendant with three prior violent felony convictions who is convicted under 18 U.S.C. § 922 (g)(1) qualifies as an armed career criminal under the ACCA. See United States v. Kilgore, 7 F.3d 854, 855 (9th Cir.1993). Ezell was convicted of violating 18 U.S.C. § 922 (g)(1) and has the requisite three prior violent felony convictions. Two of those convictions are undisputed. Accordingly, either of his 1987 convictions under Washington’s second degree burglary…