United States v. Kevin J. Sherbondy

REINHARDT, Circuit Judge:

INTRODUCTION

Defendant Kevin J. Sherbondy appeals his conviction under 18 U.S.C. § 922(g)(1) for possession of a firearm by a felon, as well as his sentence under 18 U.S.C. § 924(e), which mandates a 15-year minimum prison term for persons who violate section 922(g)(1) and who have three prior convictions for “violent felonies.” We affirm Sherbondy’s conviction, but reverse his mandatory sentence because his prior offense of preventing or dissuading a witness from testifying in violation of California Penal Code § 136.1(c)(1) does not constitute a predicate “violent…