United States v. Park
2011 U.S. App. LEXIS 12230
| 9th Cir. | 2011Background
- Park pleaded guilty in August 2009 to felon in possession of a firearm under 18 U.S.C. § 922(g)(1).
- The government appealed Park's 37-month sentence, challenging the district court's sentencing calculation.
- The district court refused to apply the crime of violence enhancement based on Park's California first-degree burglary conviction.
- The government contends California first-degree burglary is categorically a 'crime of violence' under U.S.S.G. § 2K2.1(a) via § 4B1.2(a)'s residual clause.
- The Ninth Circuit vacates Park's sentence and remands for resentencing to recalculate the Guidelines range.
- The key issue is whether California first-degree burglary qualifies as a 'crime of violence' under the residual clause.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether California first-degree burglary is a crime of violence under 4B1.2(a)'s residual clause | Park argues not | The government argues yes | California first-degree burglary is a crime of violence; remand for resentencing |
Key Cases Cited
- United States v. Crews, 621 F.3d 849 (9th Cir. 2010) (defines 'crime of violence' via § 4B1.2)
- Begay v. United States, 553 U.S. 137 (2008) (roughly similar to enumerated offenses for residual clause analysis)
- James v. United States, 550 U.S. 192 (2007) (burglary as violent felony under ACCA residual framework)
- Terrell v. United States, 593 F.3d 1084 (9th Cir. 2010) (applies residual-clause analysis to burglary; supports similarity to generic burglary)
- Leocal v. Ashcroft, 543 U.S. 1 (2004) (burglary treated as crime of violence due to risk of force)
- People v. Anderson, 47 Cal.4th 92 (Cal. 2009) (California first-degree burglary involves entry into inhabited dwelling with intent to commit theft or felony)
- People v. Davis, 18 Cal.4th 712 (Cal. 1998) (emphasizes dangers of personal safety in residential burglary)