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U.S. v. SORENSON

No. 88-3309.

914 F.2d 173 (1990)

UNITED STATES of America, Plaintiff-Appellee, v. Brett D. SORENSON, Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

September 12, 1990.

Attorney(s) appearing for the Case

Steven T. Wax, Federal Public Defender, Portland, Or., for defendant-appellant.

Charles H. Turner, U.S. Atty., Fred N. Weinhouse, Asst. U.S. Atty., Portland, Or., Andrew Levchuk, Dept. of Justice, Washington, D.C., for plaintiff-appellee.

Before WRIGHT, TANG and FERNANDEZ, Circuit Judges.

ORDER

This is a sentence enhancement case. In our memorandum disposition of January 12, 1990, we concluded that enhancement under the Armed Career Criminal Act, 18 U.S.C. § 924(e)(1), (ACCA), and imposition of a special assessment were improper.

Under the then controlling circuit law, enhancement based upon Oregon first degree burglary convictions was improper because that state's burglary statute did not meet the common law definition of burglary,...

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