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United States v. Strickland

United States Court of Appeals, Ninth Circuit

June 26, 2017

United States of America, Plaintiff-Appellee,
v.
Eddie Ray Strickland, Jr., Defendant-Appellant.

          Submitted June 26, 2017 Portland, Oregon

         Appeal 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, 2015

          Kevin W. Bons (argued) and Kelly R. Beckley, Beckley & Bons P.C., Eugene, Oregon, for Defendant-Appellant.

          Amy 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, Circuit Judges.

         SUMMARY [*]

         Criminal Law

         Vacating 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.

          OPINION

          KOZINSKI, Circuit Judge:

         We consider whether a conviction for third degree robbery under Oregon law is a violent felony for purposes of the Armed Career Criminal Act (ACCA).

         BACKGROUND

         Defendant 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. ยง 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 ...


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