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U.S. v. SHELBY

No. 18-35515.

939 F.3d 975 (2019)

UNITED STATES of America, Plaintiff-Appellee, v. Alan Lawrence SHELBY, Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

Filed September 19, 2019.

Attorney(s) appearing for the Case

Elizabeth G. Daily (argued), Assistant Federal Public Defender; Stephen R. Sady , Chief Deputy Federal Public Defender; Office of the Federal Public Defender, Portland, Oregon; for Defendant-Appellant.

Suzanne B. Miles (argued) and Benjamin Tolkoff , Assistant United States Attorneys; Kelly A. Zusman , Appellate Chief; Billy J. Williams United States Attorney; United States Attorney's Office, Portland, Oregon; for Plaintiff-Appellee.

Before: Mary H. Murguia and Andrew D. Hurwitz, Circuit Judges, and Jennifer G. Zipps, District Judge.

OPINION

The issue for decision is whether first-degree armed robbery in violation of Oregon Revised Statutes § 164.415 is a "violent" felony under the Armed Career Criminal Act ("ACCA"), 18 U.S.C. § 924(e). As a matter of common understanding, appellant Alan Shelby...

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