Opinion
No. 08-30110.
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, Office of U.S. Attorney, Eugene, OR, for Plaintiff-Appellee.
Per C. Olson, Hoevet Boise Olson PC, Portland, OR, for Defendant-Appellant.
Appeal from the United States District Court for the District of Oregon, Ann L. Aiken, District Judge, Presiding. D.C. No. 6:05-cr-60111-AA.
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.
Michael Paul Jones appeals the sentence imposed following his guilty plea to possession of a firearm in violation of 18 U.S.C. § 922(g)(1). He contends that district court erred in imposing a fifteen-year mandatory minimum term under the Armed Career Criminal Act on the basis that he had at least three previous convictions for a serious drug offense. We have jurisdiction under 28 U.S.C. § 1291, and we affirm.
Jones contends that his five prior Oregon convictions for delivery of a controlled substance were not serious drug offenses under 18 U.S.C. § 924(e)(2)(A)(ii) because, even though the maximum statutory term was ten years under Or.Rev. Stat. § 161.605(2), the state sentencing guidelines capped the term at ninety months. As Jones acknowledges, his contention is foreclosed. See United States v. Mayer, 560 F.3d 948, 962-63 (9th Cir. 2009); United States v. Parry, 479 F.3d 722, 724-26 (9th Cir.), cert. denied, ___ U.S. ___, 128 S.Ct. 249, 169 L.Ed.2d 183 (2007); see also United States v. Rodriquez, ___ U.S. ___, 128 S.Ct. 1783, 1792, 170 L.Ed.2d 719 (2008) (holding that guidelines cap does not decrease maximum term of imprisonment for purposes of ACCA).