United States v. Justin Werle

OPINION

WILKEN, Senior District Judge:

Under the Armed Career Criminal Act (ACCA), a defendant with three prior “violent felony” convictions faces a fifteen-year mandatory-minimum sentence if convicted of violating 18 U.S.C. § 922(g). 18 U.S.C. § 924(e). In this case, we consider whether a conviction for felony riot under a Washington state statute is a violent felony for purposes of the ACCA sentencing enhancement. We hold that it is not, because it is overinclusive and indivisible with respect to the term “force.” Accordingly, we reverse and remand for re-sentencing. 1

I. Background

On March 4,…