United States v. Culps

MEMORANDUM **

Culps pled guilty to unlawful possession of a firearm by a felon, in violation of 18 U.S.C. § 922(g)(1). He appeals his sentence of fifty seven months imprisonment, followed by three years of supervised release.

Under the modified categorical approach, Culps’ conviction for third degree assault is a “crime of violence” within the meaning of U.S.S.G. § 2K2.1(a)(4). See Wash. Rev.Code § 9A.36.031(l)(g). Culps is correct that the Washington statute is categorically overbroad. United States v. Sandoval, 390 F.3d 1077, 1081 (9th Cir.2004). In this case, however, the record of…