United States v. Descamps, 466 F. App'x 563

Descamps was convicted of being a felon in possession of a firearm and ammunition under 18 U.S.C. § 922(g)(1).
ACCA imposes a minimum 15-year sentence if the defendant has three prior violent-felony convictions.
The district court sentenced Descamps to 262 months and five years of supervised release, applying ACCA based on three predicates: robbery, burglary, and felony harassment.
On appeal, Descamps contends prior convictions used for enhancement must be charged and proven beyond a reasonable doubt, and argues burglary and harassment do not qualify as violent felonies.
The panel affirms, holding the government need not prove priors beyond a reasonable doubt and that burglary and harassment qualify under ACCA using the modified categorical approach.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Must prior convictions be charged and proven beyond a reasonable doubt?	Descamps	Descamps	No; ACCA priors need not be proven beyond a reasonable doubt.
Does burglary under California Penal Code § 459 qualify as a violent felony under ACCA?	Descamps argues it does not.	Descamps	Yes; burglary qualifies under the modified categorical approach.
Does Washington felony harassment qualify as a violent felony under ACCA?	Descamps	Descamps	Yes; threatening to kill satisfies the element of threatened use of physical force.

Apprendi v. New Jersey, 530 U.S. 466 (2000) (jury must determine all facts that increase sentence beyond statutory maximum)
Almendarez-Torres v. United States, 523 U.S. 224 (1998) (prior convictions need not be charged in an indictment)
Grisel, 488 F.3d 844 (9th Cir. 2007) (prior convictions may be used to enhance sentence under ACCA)
Taylor v. United States, 495 U.S. 575 (1990) (generic definition of burglary for ACCA purposes)
Shepard v. United States, 544 U.S. 13 (2005) (modified categorical approach requires multiple sources of proof)
Aguila-Montes de Oca, 655 F.3d 915 (9th Cir. 2011) (en banc; confirms application of modified categorical approach)