Searching over 5,500,000 cases.


searching
Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.

United States v. Werle

United States Court of Appeals, Ninth Circuit

December 13, 2017

United States of America, Plaintiff-Appellee,
v.
Justin Curtis Werle, Defendant-Appellant.

          Submitted December 5, 2017 [*] Seattle, Washington

         Appeal from the United States District Court No. 2:14-cr-00041-JLQ-1 for the Eastern District of Washington Justin L. Quackenbush, Senior District Judge, Presiding

          Matthew Campbell, Federal Defenders of Eastern Washington & Idaho, Spokane, Washington, for Defendant-Appellant.

          Michael C. Ormsby, United States Attorney; Timothy J. Ohms, Assistant United States Attorney; United States Attorney's Office, Spokane, Washington; for Plaintiff-Appellee.

          Before: Diarmuid F. O'Scannlain, Richard C. Tallman, and Paul J. Watford, Circuit Judges.

         SUMMARY [**]

         Criminal Law

         The panel affirmed the district court's imposition of a sentence enhancement under U.S.S.G. § 2K2.1(a) based on the defendant's prior convictions for felony harassment under Washington Revised Code § 9A.46.020(2)(b)(ii).

         The panel held that because a conviction under § 9A.46.020(2)(b)(ii) necessarily includes a "threatened use of physical force against the person of another, " a conviction under that section is categorically a crime of violence under § 2K2.1(a)(1).

          OPINION

          PER CURIAM.

         We must decide whether a Washington state conviction for felony harassment constitutes a crime of violence under the Federal Sentencing Guidelines.

         I

         In March of 2014, Justin Curtis Werle was indicted in the Eastern District of Washington for the unlawful possession of a firearm and ammunition, in violation of 18 U.S.C. § 922(g)(1), and possession of an unregistered firearm, in violation of 26 U.S.C. § 5861(d). Werle pled guilty to both counts against him, and a sentencing hearing was held later that year.

         The district court found that Werle had seven prior qualifying convictions under the Armed Career Criminal Act, 18 U.S.C. § 924(e) (ACCA), and was therefore subject to a fifteen-year mandatory minimum sentence. This finding was based in part on the district court's determination that the Washington riot statute is categorically a violent felony for the purposes of the ACCA. A different panel of this court held that the Washington riot statute is not categorically a violent felony, and the case was remanded for resentencing in light of the opinion. United States v. Werle, 815 F.3d 614, 623 (9th Cir. 2016).

         On remand, the district court imposed a sentence enhancement under U.S.S.G. § 2K2.1(a) due to Werle's prior convictions for felony harassment via a threat to kill under Washington Revised Code § 9A.46.020(2)(b)(ii), finding that those convictions were crimes of violence. The district court then calculated Werle's sentencing guideline range ...


Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.