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U.S. v. MATTHEWS

No. 02-10445.

374 F.3d 872 (2004)

UNITED STATES of America, Plaintiff-Appellee, v. James Earl MATTHEWS, Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

Filed July 7, 2004.

Attorney(s) appearing for the Case

John C. Lambrose, Assistant Federal Public Defender, Las Vegas, NV, for the defendant-appellant.

Peter Ko, Assistant U.S. Attorney, Las Vegas, NV, for the plaintiff-appellee.

Before CUDAHY, BEEZER and KLEINFELD, Circuit Judges.

CUDAHY, Circuit Judge:

James Earl Matthews appeals his criminal sentence of 120 months' imprisonment, which was imposed in accordance with U.S.S.G. § 2K2.1(a)(2), because the district court determined that his 1987 burglary of an occupied building qualified as a crime of violence under U.S.S.G. § 4B1.2(a)(2). He argues that burglary of an occupied building in Nevada is not a crime of violence according to the United...

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