United States v. Snyder
643 F.3d 694
9th Cir.2011Background
- Snyder pled guilty to one count of being a felon in possession of a firearm; conviction not appealed.
- At sentencing, the government sought an ACCA enhancement based on three prior violent felonies under 18 U.S.C. § 924(e)(2).
- The district court found two predicates: assault in the second degree and burglary in the second degree under ORS 164.215; it did not apply the felony attempt to elude police as a predicate.
- The district court sentenced Snyder to the bottom of the Guidelines range (110 months) since only two predicates were found.
- The government cross-appealed on the elude conviction; the panel held the elude conviction is a violent felony, and the burglary conviction qualifies under the modified categorical approach, yielding three predicates.
- Snyder is remanded for resentencing with the 15-year (180-month) mandatory minimum under ACCA, with credit for time served.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the 2000 burglary conviction qualifies as an ACCA predicate | Snyder argues the broad ORS 164.215 definition cannot be a generic burglary under ACCA | Snyder contends that the indictment/conviction do not prove generic burglary; the government argues modified categorical approach applies | Yes; qualifies under modified categorical approach |
| Whether the 1999 felony attempt to elude police qualifies as an ACCA violent felony | Snyder contends not a violent felony under ACCA | Government argues it is a violent felony under the residual clause (Sykes control) | Yes; it qualifies under the residual clause |
Key Cases Cited
- Taylor v. United States, 495 F.2d 575 (1990) (definitional framework for burglary under ACCA)
- Shepard v. United States, 544 U.S. 13 (2005) (modified categorical approach for ACCA predicates)
- Grisel, 488 F.3d 844 (2007) (Oregon burglary broader than generic burglary under ACCA)
- Stephens, 237 F.3d 1031 (2001) (no contest pleas can qualify as ACCA predicates)
- Mayer, 560 F.3d 948 (2009) (de novo review of ACCA predicate determinations; modified categorical approach)
- Crews, 621 F.3d 849 (2010) (Oregon second-degree burglary is a violent felony under ACCA)
- Sykes, 598 F.3d 334 (2010) (vehicle flight as a violent felony under ACCA; controlling for residual clause)