Galloway

*572 MEMORANDUM **

Michael Dean Galloway appeals from the 235-month sentence imposed following his guilty-plea conviction to being a felon in possession of a firearm and ammunition, in violation of 18 U.S.C. § 922 (g)(1), and possession of an unregistered firearm, in violation of 26 U.S.C. §§ 5845 (a) and (d), 5861(d), and 5871. We have jurisdiction under 28 U.S.C. § 1291 , and we vacate and remand.

Galloway contends that the district court improperly considered his prior convictions for first-degree and second-degree burglary in violation of Oregon Revised Statutes §§ 164.215 and 164.225, as crimes of violence in determining that he was eligible for sentencing as a career offender pursuant to the Armed Career Criminal Act (“ACCA”).

This court recently held that Oregon’s second-degree burglary statute is over-broad for purposes of the Taylor v. United States, 495 U.S. 575 , 110 S.Ct. 2143 , 109 L.Ed.2d 607 (1990), categorical analysis. See United States v. Grisel, 488 F.3d 844, 851 (9th Cir.2007) (en banc) (holding that second-degree burglary under Oregon law is not a categorical burglary for purposes of the ACCA because it encompasses crimes that fall outside the federal…