Brown
United States v. Brown
Opinion
Lead Opinion
MEMORANDUM *
After pleading guilty to a violation of 18 U.S.C. § 922 (g), Aaron Brown appeals the district court’s imposition of his sentence. Brown argues that the district court erred when it applied the Armed Career Criminal Act (“ACCA”), 18 U.S.C. § 924 (e), in sentencing him. We affirm.
Under the ACCA, the government must demonstrate that the defendant committed three qualifying violent felonies or serious drug offenses in order for the district court to apply the Act’s enhanced penalties. 18 U.S.C. § 924 (e). Brown does not contest the district court’s determination that his prior conviction for arson qualifies as a predicate felony. He argues that his three prior convictions for burglary do not qualify as “violent felonies” within the meaning of the ACCA and Taylor v. United States, 495 U.S. 575 , 110 S.Ct. 2143 , 109 L.Ed.2d 607 (1990). Because the Washington statutes under which Brown was convicted are broader than the Taylor definition of a generic burglary that qualifies as a violent felony, we apply Taylor’s modified categorical analysis in addressing his claim. See United States v. Wenner, 351 F.3d 969, 972 (9th Cir.2003).