Opinion
No. 08-30083.
The panel unanimously finds this case suitable for decision without oral argument. See Fed.R.App.P. 34(a)(2).
Filed April 8, 2009.
Frank Papagni, Assistant U.S., Office of U.S. Attorney, Eugene, OR, for Plaintiff-Appellee.
Bryan E. Lessley, Assistant Federal Public Defender, Federal Public Defender's Office, Eugene, OR, for Defendants Appellant.
Appeal from the United States District Court for the District of Oregon, Michael R. Hogan, District Judge, Presiding. D.C. No. 6:06-cr-60135-HO.
Before: LEAVY, HAWKINS, and TASHIMA, Circuit Judges.
This disposition is not appropriate for publication and is not precedent except as provided by 9th Cir. R. 36-3.
Martin Elery Beal appeals the 188-month sentence imposed following his conditional guilty plea to three counts of being a felon in possession of a firearm in violation of 18 U.S.C. § 922(g)(1). He contends that the district court erred in treating his four prior convictions for first degree burglary under Or.Rev. Stat. § 164.225 as violent felonies under the Armed Career Criminal Act. This contention is foreclosed by United States v. Mayer, 560 F.3d 948, 962-63 (9th Cir. 2009) (holding that first degree burglary under § 164.225 is categorically a "violent felony" under the Act's residual clause).
AFFIRMED.