U.S. v. Goodpasture

Dist. Ct. erred in sentencing defendant on unlawful possession of firearm charge to 180-month term of incarceration as armed career criminal under 18 USC section 924(e)(1) where said sentence was based, in part, on California conviction for lewd or lascivious act involving minor under age of 14. Said conviction did not qualify as violent felony for purposes of sentencing as armed career criminal since: (1) physical force was not element of said offense; and (2) govt. failed to show that California conviction, as generally committed, involved conduct that presented serious potential risk of physical injury.