Ceja

United States v. Ceja

Good Law
234 F. App'x 742
United States Court of Appeals for the Ninth CircuitJuly 2, 2007No. 05-10783California548 words

Opinion

Lead Opinion

MEMORANDUM *

Appellant, Everardo Ceja, was convicted of being a felon in possession of a firearm. He appeals his mandatory 15 year sentence under the Armed Career Criminal Act, 18 U.S.C. § 924 (e), challenging the sentencing court’s determination that he has three prior convictions that qualify as violent felonies. We affirm.

One of the convictions was for spousal abuse. The relevant California statute required “wilful conduct” that results in a “traumatic condition,” which is defined to include external or internal injuries caused by physical force. CaLPenal Code § 273.5(a), (c). Given § 273.5’s clear requirement that the use of force be established to convict, this conviction categorically qualifies as a violent felony under the ACCA. 18 U.S.C. § 924 (e)(2)(B)(I).

A second conviction was for shooting at an occupied vehicle. Here the appellant contends that he was not the shooter. This amounts to a collateral attack on the validity of the state conviction which is not appropriate as a part of federal sentencing. See Custis v. United States, 511 U.S. 485, 487 , 114 S.Ct. 1732 , 128 L.Ed.2d 517 (1994).

The third conviction was for battery on a peace officer under CahPenal Code…

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