United States District Court, D. Oregon, Medford Division
[Copyrighted Material Omitted]
For USA, Plaintiff: Douglas W. Fong, LEAD ATTORNEY, United States Attorney's Office, Medford, OR.
OWEN M. PANNER, U.S. DISTRICT JUDGE.
Defendant Ryan Michael Snyder is set to be sentenced for the second time on his conviction for being a felon in possession of a firearm. The Ninth Circuit reversed this court's sentence and remanded for resentencing. United States v. Snyder, 643 F.3d 694 (9th Cir. 2011) (Snyder), cert. denied, 132 S.Ct. 1909, 182 L.Ed.2d 777 (2012). The Ninth Circuit ruled defendant has three prior convictions that qualify as violent felonies under the Armed Career Criminal Act (the ACCA), and must receive the ACCA's mandatory minimum sentence of fifteen years' imprisonment.
But after the Ninth Circuit issued Snyder, the Supreme Court decided Descamps v. United States, 133 S.Ct. 2276, 186 L.Ed.2d 438 (2013), which rejected the Ninth Circuit's approach for determining whether a prior conviction is a violent felony. See id., 133 S.Ct. at 2287 (abrogating United States v. Aguila-Montes de Oca, 655 F.3d 915 (9th Cir. 2011) (en banc) (per curiam)). Because the Ninth Circuit relied on decisions that Descamps overruled, Snyder is not binding. I reinstate the sentence previously imposed.
Defendant pleaded guilty to being a felon in possession of a firearm. See 18 U.S.C. § 922(g). By itself, the crime carries a maximum sentence of ten years in prison, but a defendant with three prior convictions for violent felonies or serious drug offenses faces a mandatory minimum sentence of fifteen years. 18 U.S.C. § 924(e).
At sentencing, the government argued defendant had three prior convictions for violent felonies: (1) second-degree assault and second-degree robbery; (2) second-degree burglary; and (3) attempting to elude police. Defendant argued his convictions for second-degree burglary and attempting to elude were not violent felonies.
I concluded second-degree burglary was a violent felony, but attempting to elude police was not. Because the ACCA mandatory minimum sentence did not apply, I sentenced defendant to 110 months in prison, the low end of the guideline range.
On appeal, the government contended attempting to elude police was a violent felony. Defendant, contended second-degree burglary was not a violent felony.
On June 9, 2011, while the parties' cross-appeals were pending, the Supreme Court ruled that an Indiana conviction for fleeing police was a violent felony under the ACCA. Sykes v. United States, 131 S.Ct. 2267, 180 L.Ed.2d 60.
On June 30, 2011, the Ninth Circuit affirmed that second-degree burglary was a violent felony, but reversed this court's ruling that attempting to elude was not a violent felony. The Ninth Circuit held Sykes controlled because the Indiana statute at issue there was " similar enough" to the Oregon statute. 643 F.3d at 699. ...