United States v. Maldonado

MATHESON, Circuit Judge.

In December 2008, Joe Maldonado pled guilty to being a felon in possession of a firearm in violation of 18 U.S.C. § 922(g). The presentence report (“PSR”) concluded that the Armed Career Criminal Act (“ACCA”) applies to Mr. Maldonado as a result of three prior burglary convictions, subjecting him to a mandatory sentencing enhancement. Mr. Maldonado objected, arguing that one of his prior convictions, a first-degree burglary conviction in California, is not a violent felony under the ACCA. The district court overruled the objection and sentenced Mr. Maldonado to the…