United States v. Michael Lee Snellenberger, AKA Michael Lee Cutter, Michael Lee Davidson, Robert Eugene Frehly, Cutter Snellenberger, "Cutter"

FERGUSON, Circuit Judge.

This case presents the question of whether a minute order, coupled with a charging document, may be sufficient under Shepard v. United States, 544 U.S. 13, 125 S.Ct. 1254, 161 L.Ed.2d 205 (2005), to establish a prior crime of violence for purposes of sentence enhancement. We have previously noted that a minute order is “not a judicial record that can be relied upon” to establish the nature of a prior conviction. United States v. Diaz-Argueta, 447 F.3d 1167, 1169 (9th Cir.2006). We now explicitly so hold.

FACTUAL AND PROCEDURAL BACKGROUND

In March 2005, Michael Lee…