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U.S. v. MARTINEZ

No. 13-10563.

771 F.3d 672 (2014)

UNITED STATES of America, Plaintiff-Appellee, v. Michael Anthony MARTINEZ, Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

Filed November 14, 2014.

Attorney(s) appearing for the Case

Peggy Sasso (argued) and Janet Bateman , Assistant Federal Defenders; Heather E. Williams , Federal Defender, Federal Public Defender's Office, Fresno, CA, for Defendant-Appellant.

Kimberly A. Sanchez (argued) and Laurel J. Montoya , Assistant United States Attorneys; Benjamin B. Wagner , United States Attorney; Camil A. Skipper , Appellate Chief, Office of the United States Attorney, Fresno, CA, for Plaintiff-Appellee.

Before: MARY M. SCHROEDER, JOHN B. OWENS, and MICHELLE T. FRIEDLAND, Circuit Judges.

OPINION

OWENS, Circuit Judge:

Michael Anthony Martinez appeals his fifteen-year mandatory-minimum sentence imposed under the Armed Career Criminal Act ("ACCA"), 18 U.S.C. § 924(e). Martinez contends that the district court erred in concluding that his prior conviction under California Vehicle Code § 2800.2, vehicle flight from a pursuing peace officer, was a "violent felony" under the ACCA's residual clause...

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