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U.S. v. GRISEL

No. 05-30585.

488 F.3d 844 (2007)

UNITED STATES of America, Plaintiff-Appellee, v. Darrel Duane GRISEL, Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

Filed June 5, 2007.

Attorney(s) appearing for the Case

Kendra M. Matthews, Ransom Blackman LLP, Portland, OR, for the defendant-appellant.

Stephen F. Peifer, Assistant U.S. Attorney, Portland, OR, for the plaintiff-appellee.

Stephen R. Sady, Chief Deputy Federal Public Defender, Portland, OR, for the amicus curiae.

Before: MARY M. SCHROEDER, Chief Circuit Judge, HARRY PREGERSON, STEPHEN REINHARDT, PAMELA ANN RYMER, ANDREW J. KLEINFELD, HAWKINS, A. WALLACE TASHIMA, SUSAN P. GRABER, KIM McLANE WARDLAW, RONALD M. GOULD, RICHARD A. PAEZ, MARSHA S. BERZON, RICHARD C. TALLMAN, JOHNNIE B. RAWLINSON, and CARLOS T. BEA, Circuit Judges.

Argued and Submitted En banc March 22, 2007.

Opinion by Judge GRABER; Dissent by Judge BEA.

GRABER, Circuit Judge.

We took this case en banc primarily to reexamine the validity of United States v. Cunningham, 911 F.2d 361 (9th Cir.1990) (per curiam). In Cunningham, we held that second-degree burglary under Oregon law is a categorical burglary offense under the analysis required by Taylor v. United...

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