Appeals from the United States District Court for the District of Oregon Owen M. Panner, Senior District Judge, Presiding
The opinion of the court was delivered by: Bea, Circuit Judge
Submission deferred May 6, 2011*
Before: A. Wallace Tashima, Carlos T. Bea, and Sandra S. Ikuta, Circuit Judges.
Opinion by Judge Bea; Concurrence by Judge Tashima
*The panel unanimously concludes this case is suitable for decision without oral argument. See Fed. R. App. P. 34(a)(2).
Ryan Snyder pleaded guilty to one count of being a felon in possession of a firearm in violation of 18 U.S.C. § 922(g)(1). He does not appeal his conviction.
At sentencing, the government requested a sentencing enhancement under the Armed Career Criminal Act ("ACCA"), alleging Snyder had three prior convictions for violent felonies as defined in 18 U.S.C. § 924(e)(2):
(1) On or about October 23, 2003, in the Josephine County Circuit Court, State of Oregon, Case No. 02-CR-0791, for burglary in the second degree and assault in the second degree, with a 50-month sentence;
(2) On or about February 11, 2000, in the Josephine County Circuit Court, State of Oregon, Case No. 99-CR-0801, for burglary in the second degree, with a 6-month sentence;
(3) On or about May 9, 1999, in the Josephine County Circuit Court, State of Oregon, Case No. 99-CR-0362, for felony attempt to elude, with a 6-month sentence.
The district court held Snyder's October 23, 2003 conviction for assault in the second degree was a predicate offense under ACCA. Neither party appeals that determination. We have previously held that assault in the second degree in Oregon is a violent felony for ...