Franetich

United States v. Franetich

Good Law
344 F. App'x 416
United States Court of Appeals for the Ninth CircuitSeptember 3, 2009No. 08-30388California912 words

Opinion

Lead Opinion

MEMORANDUM **

Defendant-appellant Jeriehmie J. Frane-tich appeals the sentence imposed upon his plea of guilty to being a felon in possession of a firearm. Because the district court did not err in sentencing Franetich, we affirm.

On May 24, 2007, Franetich pleaded guilty to being a felon in possession of a firearm under 18 U.S.C. § 922 (g)(1). [ER 84, 90] At sentencing, the district court calculated a total adjusted offense level of 19, based in part on the court’s conclusion that a 2003 conviction for felony “riot-domestic violence” under R.C.W. § 9A.84.010 constituted a prior “crime of violence” under the Sentencing Guidelines. After considering the sentencing factors set forth in 18 U.S.C. § 3553 (a), the district court ultimately imposed a sentence of 102 months imprisonment. [ER 55-61] Franetich timely appealed his sentence, arguing that his 2003 conviction for felony riot under R.C.W. § 9A.84.010 was not a “crime of violence” for sentencing purposes. We review de novo the district court’s determination that Franetich’s pri- or conviction qualifies as a “crime of violence” under the Guidelines. United States v. Rodriguez-Guzman, 506 F.3d 738, 740-41 (9th Cir.2007)…

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