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United States v. Goodpasture

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ARGUED JANUARY 11, 2010

Before EASTERBROOK, Chief Judge, KANNE, Circuit Judge, and KENNELLY, District Judge.*fn1

After pleading guilty to unlawful possession of a firearm, 18 U.S.C. §922(g)(1), James Goodpasture was sentenced to 180 months’ imprisonment as an armed career criminal. This description applies to any person who “has three previous convictions . . . for a violent felony or a serious drug offense”. 18 U.S.C. §924(e)(1). Goodpasture concedes that his two convictions for aggravated sexual abuse meet the statutory definition of a “violent felony”. The district court concluded that a third conviction-for a lewd or lascivious act involving a person under the age of 14, see Cal. Penal Code §288(a)-also satisfies the federal definition. Goodpasture’s only appellate contention is that the California crime is not a “violent felony” for federal purposes.

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