U.S. v. Scanlan

Dist. Ct. did not commit plain error in sentencing defendant to 93-month term of incarceration on firearms' charge based, in part, on finding that defendant's prior California residential burglary conviction qualified as crime of violence under section 2K2.1(a)(2) of USSG. While defendant argued that his burglary conviction did not qualify as crime of violence because, under California law, said conviction could occur if entry into residence was made by invitation, Ct. of Appeals found that that said conviction qualified as crime of violence since it necessarily posed serious risk of injury.