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U.S. v. Maldonado

United States Court of Appeals, Ninth Circuit.Page 597
Jan 28, 2008
265 F. App'x 596 (9th Cir. 2008)

Opinion

No. 07-10056.

Submitted January 14, 2008.

The panel unanimously finds this case suitable for decision without oral argument. See Fed.R.App.P. 34(a)(2).

Filed January 28, 2008.

Amber M. Craig, Esq., USLV-Office of the U.S. Attorney, Las Vegas, NV, for Plaintiff-Appellee.

Jason F. Carr, Esq., Federal Public Defender's Office, Las Vegas, NV, for Defendant-Appellant.

Appeal from the United States District Court for the District of Nevada, Lloyd D. George, District Judge, Presiding. D.C. No. CR-06-00117-LDG.

Before: HALL, O'SCANNLAIN, and PAEZ, Circuit Judges.


MEMORANDUM

This disposition is not appropriate for publication and is not precedent except as provided by 9th Cir. R. 36-3.


Jessie Maldonado appeals from the 180-month sentence imposed following his guilty-plea conviction for being a felon in possession of a firearm in violation of 18 U.S.C. § 922(g)(1), and § 924(a)(2), and enhanced by 18 U.S.C. § 924(e). We have jurisdiction under 28 U.S.C. § 1291, and we affirm.

Maldonado contends that the district court erred in determining that his 1988 conviction under California Penal Code § 12020(a) for possession of a sawed-off rifle qualified as a violent felony for purposes of the Armed Career Criminal Act ("ACCA") sentencing enhancement provision contained in 18 U.S.C. § 924(e). This contention is foreclosed by United States v. Delaney, 427 F.3d 1224, 1226 (9th Cir. 2005) (holding that a conviction under California Penal Code § 12020(a) for possession of a short-barreled shotgun categorically constitutes a predicate crime of violence for purposes of sentencing enhancements under the ACCA).

AFFIRMED.


Summaries of

U.S. v. Maldonado

United States Court of Appeals, Ninth Circuit.Page 597
Jan 28, 2008
265 F. App'x 596 (9th Cir. 2008)
Case details for

U.S. v. Maldonado

Case Details

Full title:UNITED STATES of America, Plaintiff — Appellee, v. Jessie MALDONADO…

Court:United States Court of Appeals, Ninth Circuit.Page 597

Date published: Jan 28, 2008

Citations

265 F. App'x 596 (9th Cir. 2008)