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U.S. v. Waggoner

United States Court of Appeals, Ninth Circuit
Apr 8, 2009
321 F. App'x 687 (9th Cir. 2009)

Opinion

No. 08-30043.

Submitted March 18, 2009.

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

Filed April 8, 2009.

William E. Fitzgerald, Assistant U.S., U.S. Attorney's Office, Eugene, OR, for Plaintiff-Appellee.

Bryan E. Lessley, Assistant Federal Public Defender, Federal Public Defender's Office, Eugene, OR, for Defendant-Appellant.

Appeal from the United States District Court for the District of Oregon, Michael R. Hogan, District Judge, Presiding. D.C. No. CR-06-60046-HO.

Before: LEAVY, HAWKINS, and TASHIMA, Circuit Judges.



MEMORANDUM

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


Mickey Lee Waggoner appeals the fifteen-year sentence imposed following his guilty plea to 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 two 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.


Summaries of

U.S. v. Waggoner

United States Court of Appeals, Ninth Circuit
Apr 8, 2009
321 F. App'x 687 (9th Cir. 2009)
Case details for

U.S. v. Waggoner

Case Details

Full title:UNITED STATES of America, Plaintiff-Appellee, v. Mickey Lee WAGGONER…

Court:United States Court of Appeals, Ninth Circuit

Date published: Apr 8, 2009

Citations

321 F. App'x 687 (9th Cir. 2009)

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