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U.S. v. WEEKLEY

Nos. 92-30174, 92-30187.

24 F.3d 1125 (1994)

UNITED STATES of America, Plaintiff-Appellee-Cross-Appellant, v. Edward Harry WEEKLEY, Defendant-Appellant-Cross-Appellee.

United States Court of Appeals, Ninth Circuit.

Decided May 18, 1994.

Attorney(s) appearing for the Case

Judy Clarke, Oliver Loewy, Federal Defenders of Eastern Washington, Spokane, WA, for defendant-appellant-cross-appellee.

Thomas M. Gannon, U.S. Dept. of Justice, Washington, DC, for plaintiff-appellee-cross-appellant.

Before: WRIGHT, SCHROEDER and BRUNETTI, Circuit Judges.

Opinion by Judge WRIGHT.

EUGENE A. WRIGHT, Circuit Judge.

A risk is a risk. But a risk of a risk is not enough of a risk. Every predicate attempted burglary conviction under the Armed Career Criminal Act must encompass conduct posing a risk of violent confrontation. It is not enough that most convictions would encompass such conduct.

BACKGROUND

The district court sentenced Edward Weekley to 65 months imprisonment for being a felon in possession...

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