Westom

United States v. Westom

Good Law
203 F. App'x 781
United States Court of Appeals for the Ninth CircuitOctober 23, 2006No. 05-30174California315 words

Opinion

Lead Opinion

MEMORANDUM **

Richard Lee Westom appeals from the 180-month mandatory minimum sentence imposed under the Armed Career Criminal Act (the “ACCA”), 18 U.S.C. § 924 (e). We have jurisdiction pursuant to 28 U.S.C. § 1291 , and we affirm.

Westom contends that the district court erred by imposing the ACCA enhancement because his prior Washington state convictions for second degree burglary were not violent felonies. Under the ACCA, a burglary involving an unlawful or unprivileged entry into a building or structure with the intent to commit a crime qualifies as a violent felony. See 18 U.S.C. § 924 (e)(2)(B)(ii); Taylor v. United States, 495 U.S. 575, 599 , 110 S.Ct. 2143 , 109 L.Ed.2d 607 (1990).

Here, the charging information and guilty plea statement from Westom’s prior second degree burglary convictions satisfy the elements of generic burglary. See Taylor; 495 U.S. at 599, 602 , 110 S.Ct. 2143 ; United States v. Kilgore, 7 F.3d 854, 855 (9th Cir.1993) (noting that a location identified by a common street address is a building within the meaning of generic burglary).

We reject Westom’s contention that his guilty plea statement does not establish that his convictions involved entry…

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