Submitted June 26, 2017 Portland, Oregon
from the United States District Court for the District of
Oregon, D.C. No. 3:11-cr-00310-MO-1 Michael W. Mosman, Chief
Judge, Presiding Argued and Submission Deferred November 4,
W. Bons (argued) and Kelly R. Beckley, Beckley & Bons
P.C., Eugene, Oregon, for Defendant-Appellant.
Potter (argued), Assistant United States Attorney; Kelly A.
Zusman, Appellate Chief; Billy J. Williams, United States
Attorney; United States Attorney's Office, Eugene,
Oregon; for Plaintiff-Appellee.
Elizabeth G. Daily, Research & Writing Attorney; Stephen
R. Sady, Chief Deputy Federal Public Defender; Office of the
Federal Public Defender, Portland, Oregon; as and for Amicus
Curiae Federal Public Defender.
Before: Alex Kozinski, Raymond C. Fisher and Paul J. Watford,
a sentence and remanding, the panel held that third degree
robbery under Oregon law is not a violent felony for purposes
of the Armed Career Criminal Act because the term
"physical force" as used in the Oregon statute is
not coextensive with the term's use in the ACCA.
KOZINSKI, Circuit Judge:
consider whether a conviction for third degree robbery under
Oregon law is a violent felony for purposes of the Armed
Career Criminal Act (ACCA).
Eddie Ray Strickland pleaded guilty to being a felon in
possession of a firearm in violation of 18 U.S.C. §
922(g)(1) and was sentenced to fifteen years in prison. This
was the mandatory minimum sentence under the ACCA.
Id. § 924(e)(1). The district court found that
the ACCA applied because Strickland had three prior violent
felony convictions. Strickland objected to the district
court's determination that his Oregon conviction for