United States v. Peterson

The Ninth Circuit affirmed the district court's denial of defendant's motion to suppress a handgun found in his backpack. The panel held that the district court properly concluded that the handgun inevitably would have been discovered in an inventory search at the time of booking.The panel reversed defendant's 48 month sentence, holding that defendant's prior first degree robbery conviction under Washington law was not a crime of violence under USSG 2K2.1(a)(2) and 4B1.2. The panel held that Washington's robbery statute was not a categorical match for the offenses of robbery and extortion enumerated in section 4B1.2(a)(2). However, the panel held that the district court did not abuse its discretion in applying a two-level enhancement for reckless endangerment during flight under USSG 3C1.2. View "United States v. Peterson" on Justia Law